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Damage Waivers for Assisting Kiters

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NYKiter
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Damage Waivers for Assisting Kiters

Postby NYKiter » Wed Dec 11, 2019 2:18 am

Certainly we all assume some risk when landing another kiter's kite, but what happens if things go south and they decide to go after you?

Has anyone distributed waivers to their crew to protect themselves?

(Probably wouldnt make you the most popular kiter on the beach soliciting your buds for a contract....but one never knows....)
Last edited by NYKiter on Wed Dec 11, 2019 4:24 am, edited 1 time in total.

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Re: Damage Waivers for Assisting Kiters

Postby FLandOBX » Wed Dec 11, 2019 2:30 am

I think soliciting waivers would leave you without anyone willing to launch your kite. I understand liability risks and the desirability of protection in many areas of day-to-day life, but we usually need to balance the need for a waiver with real-world practicality. It's easier to secure a waiver from someone to whom you provide a service or benefit. It's a lot harder to secure a waiver from someone who you've asked to provide a service for you.

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Re: Damage Waivers for Assisting Kiters

Postby norcom » Wed Dec 11, 2019 2:59 am

You waive all your rights with a thumbs up. It’s like clicking the Agree button after you launch a software application. :lol:

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Re: Damage Waivers for Assisting Kiters

Postby longwhitecloud » Wed Dec 11, 2019 3:30 am

it is messed up that in "the land of the free" you have to dedicate brain cells to thinking about that kind of thing

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Re: Damage Waivers for Assisting Kiters

Postby NYKiter » Wed Dec 11, 2019 4:28 am

Better know whos behind that bar......or you could have your ass handed to you if its an attorney with an ax to grind....

:alarm: :alarm: :alarm: :alarm:

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Re: Damage Waivers for Assisting Kiters

Postby jakemoore » Wed Dec 11, 2019 4:43 am

longwhitecloud wrote:
Wed Dec 11, 2019 3:30 am
it is messed up that in "the land of the free" you have to dedicate brain cells to thinking about that kind of thing
It is sad. But I don’t think we spend so much time worrying about it and the beach crowd is a pretty relaxed bunch.

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Re: Damage Waivers for Assisting Kiters

Postby Hugh2 » Wed Dec 11, 2019 8:46 am

I do think a little about this when I ask someone to help launch my kite in Cape Town. Most other places I self-launch, but I think that is inappropriate on crowded beaches like Kite beach on Bloubergstrand (this older video - - shows a failed self-launch at Dolphin beach just upwind of Kite beach - note he had no need to self-launch, there were other kiters there - also, there is not usually that much trash on the beach!). So, I try to avoid asking anyone who looks like they will not take the task seriously, so usually someone a little more mature and often someone whose kite I have just landed. The most important thing is to make sure one is downwind a little before tightening the lines and then take a few steps upwind to fill the kite before giving the thumbs up. It is amazing to me how many competent kiters make the mistake of tightening the lines while upwind of the launcher, causing the launcher to be bowled over and sometimes prematurely release the kite. If someone who asks me to launch their kite tries to do this, I either walk upwind first if there is room, or point them downwind, before turning the kite around to launch position.

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Re: Damage Waivers for Assisting Kiters

Postby NYKiter » Wed Dec 11, 2019 12:58 pm

Been kiting for 10 years and Im an instructor....kiting tends to be a sport for the upwardly mobile (for the most part)....some of whom prefer immaculate expensive gear....some just happen to be less tolerant than others when an assist goes south and start pointing fingers (even when you are trying to help them)....here is a sample waiver (presented strictly as a topic for discussion)...for the PERSON YOU ARE LAUNCHING OR LANDING TO SIGN...if they dont sign they dont get your help... probably good to have an attorney approve before this is used (its meant only as an example...it was not written by an attorney and I take no responsibility for your use)

KITEBOARDING ASSISTANCE RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
Read this agreement carefully before signing it. Your signature indicates you understand it and agree on its terms. By signing this agreement, you are giving up certain legal rights, including the right to sue or recover damages in case of injury, death or property damages, for any reason from X.

I ___________________________and all members of my family hereby:

1. Acknowledge that by allowing X to assist me with any and all kite boarding activities, such as but not limited to: launching a kite, landing a kite, holding a kite, securing a kite on the ground, retrieving a board, attaching my kite lines, rescuing gear - herein referred to as ‘kiting activity(ies) - gear includes kites, lines, bars, boards, foils, exposure suits etc. rescuing me in the water, carrying my gear or even touching my kite gear may, without warning or any apparent cause result in serious injury or death.
2. Acknowledge that allowing others to assist me with kiteboarding is an inherently dangerous activity and involves risks that may cause serious injury and in some cases death, because of the unpredictable nature and behavior of the wind, water, temperature, terrain, traffic conditions and the presence of other kiters.
3. Voluntarily assume the risk and danger of injury, loss of property or death inherent when receiving kiteboarding assistance.
4. Release, discharge and promise not to sue X, for any loss, liability, damages, or cost whatsoever arising out of or related to any loss, damage, or injury (including death) to my person or property.
5. Release X from any claim that may be negligent in connection with X assisting me with the above mentioned kiting activities.
6. Indemnify, and save and hold harmless X from and against any loss, liability, damage or cost they may incur arising out of or in any way connected with either my use of my kite gear and any equipment of gear provided therewith or any acts or omissions related to such activities.
7. The Undersigned expressly agrees that the foregoing release and waiver of liability, assumption of risk, and indemnity agreement is governed by the state in which this document is signed and is intended to be as broad and inclusive and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality and enforce-ability of the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
8. Acknowledge that this document is a contract and agree that if a lawsuit is filed against X for any injury or damage in breach of this contract, the Undersigned will pay all attorney’s fees and costs incurred by X in defending such an action.
I have read this entire Release of Liability Document. I understand it is a promise not to sue and to release X for all claims. I have made a free and deliberate choice to sign this Release and Waiver as a condition to receive kiting activity assistance by X. I have concluded that the risks involved and the release and waiver of liability is worth the pleasure of receiving X’s assistance while kiting.

Signature________________________________________ Date_______________
Last edited by NYKiter on Wed Dec 11, 2019 2:34 pm, edited 6 times in total.

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Re: Damage Waivers for Assisting Kiters

Postby SWO_kite » Wed Dec 11, 2019 2:17 pm

NYKiter wrote:
Wed Dec 11, 2019 12:58 pm
Been kiting for 10 years and Im an instructor....kiting tends to be a sport for the upwardly mobile (for the most part)....some of whom prefer immaculate expensive gear....some just happen to be less tolerant than others when an assist goes south and start pointing fingers (even when you are trying to help them)....here is a sample waiver...for the PERSON YOU ARE LAUNCHING OR LANDING TO SIGN...if they dont sign they dont get your help... probably good to have your attorney sign off on this before you use it....

KITEBOARDING ASSISTANCE RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
Read this agreement carefully before signing it. Your signature indicates you understand it and agree on its terms. By signing this agreement, you are giving up certain legal rights, including the right to sue or recover damages in case of injury, death or property damages, for any reason from X.

I ___________________________and all members of my family hereby:

1. Acknowledge that by allowing X to assist me with any and all kite boarding activities, such as but not limited to: launching a kite, landing a kite, holding a kite, securing a kite on the ground, retrieving a board, attaching my kite lines, rescuing gear - herein referred to as ‘kiting activity(ies) - gear includes kites, lines, bars, boards, foils, exposure suits etc. rescuing me in the water, carrying my gear or even touching my kite gear may, without warning or any apparent cause result in serious injury or death.
2. Acknowledge that allowing others to assist me with kiteboarding is an inherently dangerous activity and involves risks that may cause serious injury and in some cases death, because of the unpredictable nature and behavior of the wind, water, temperature, terrain, traffic conditions and the presence of other kiters.
3. Voluntarily assume the risk and danger of injury, loss of property or death inherent when receiving kiteboarding assistance.
4. Release, discharge and promise not to sue X, for any loss, liability, damages, or cost whatsoever arising out of or related to any loss, damage, or injury (including death) to my person or property.
5. Release X from any claim that may be negligent in connection with X assisting me with the above mentioned kiting activities.
6. Indemnify, and save and hold harmless X from and against any loss, liability, damage or cost they may incur arising out of or in any way connected with either my use of my kite gear and any equipment of gear provided therewith or any acts or omissions related to such activities.
7. The Undersigned expressly agrees that the foregoing release and waiver of liability, assumption of risk, and indemnity agreement is governed by the state in which this document is signed and is intended to be as broad and inclusive and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality and enforce-ability of the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
8. Acknowledge that this document is a contract and agree that if a lawsuit is filed against X for any injury or damage in breach of this contract, the Undersigned will pay all attorney’s fees and costs incurred by X in defending such an action.
I have read this entire Release of Liability Document. I understand it is a promise not to sue and to release X for all claims. I have made a free and deliberate choice to sign this Release and Waiver as a condition to receive kiting activity assistance by X. I have concluded that the risks involved and the release and waiver of liability is worth the pleasure of receiving X’s assistance while kiting.

Signature________________________________________ Date_______________
All that up there^^^... That's Murica!

If someone ever approached me with that on the beach I'd laugh right in their face and tell them to GTFO.

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Re: Damage Waivers for Assisting Kiters

Postby NYKiter » Wed Dec 11, 2019 2:25 pm

:lol: :lol: :lol:


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