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Damage Waivers for Assisting Kiters

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Toby
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Re: Damage Waivers for Assisting Kiters

Postby Toby » Wed Dec 11, 2019 2:38 pm

this is an interesting topic.

This always comes to my mind when someone can't relaunch their kite...and you help by flipping over the kite...and what if the kite rips while you pull it? Who is responsible?

For this reason I don't pull on the back of a kite anymore...I try to help on the LEI...

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Re: Damage Waivers for Assisting Kiters

Postby Hugh2 » Wed Dec 11, 2019 8:28 pm

I’m not confident enough to help turn a kite in the water, but I regularly recover boards for people, remembering the many times it was done for me when I was first riding.

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tautologies
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Re: Damage Waivers for Assisting Kiters

Postby tautologies » Wed Dec 11, 2019 8:56 pm

Toby wrote:
Wed Dec 11, 2019 2:38 pm
this is an interesting topic.

This always comes to my mind when someone can't relaunch their kite...and you help by flipping over the kite...and what if the kite rips while you pull it? Who is responsible?

For this reason I don't pull on the back of a kite anymore...I try to help on the LEI...
Many reasons to be super careful about pulling on a kite in the water. Some people are super freaked out and might pull the quick release which means the kite will hit you and your kite.

I tend to help people I know this way, but not anyone else. I do help others too, but not in the same way.

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Re: Damage Waivers for Assisting Kiters

Postby FLandOBX » Wed Dec 11, 2019 10:00 pm

Yes, it's always a good idea to ask if the other kiter actually WANTS your assistance before you begin to "help". Many people don't want help from a stranger. Often, a well-intended stranger can make matters worse.

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Re: Damage Waivers for Assisting Kiters

Postby NYKiter » Wed Dec 11, 2019 10:46 pm

What it comes down to is - what is negligence during a launch land. Who decides? Must two hands be on the kite? can the kite be laid down before applying weight? can sand be used? should the assistant refuse to flip it and hand it off the kiter at all times? Is an IKO instructor more vulnerable to gross negligence than some joe shmoe? There is no good samaritin law that will protect anyone from a botched assist with a retaliatory kiter...regardless if the assistance comes from a bystander or another kiter.....they may have a bromance with them, but if suddenly their in a wheel chair the honeymoon may be over......

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Re: Damage Waivers for Assisting Kiters

Postby Kozzie » Thu Dec 12, 2019 9:16 am

This wouldnt be a topic on kitescoop

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Re: Damage Waivers for Assisting Kiters

Postby Kapowski » Thu Dec 12, 2019 9:27 am

Really, really struggling with this post and concerned that anyone actually has to think like this before/during/after a session...........Is it a wind up?
If you have to ask someone who you don't know to help you launch then you take risks. You came to the beach with no "buddy", you made that choice. If people are actually going to sue folk who help you them for ?getting your kite dirty when you put it down on the beach folk better get good at self launching / recovery..........
"Sign this waver before I recover your kite" Yep that'll work in a squall......

The biggest risks are the wind and the ocean. They don't do waivers. I guess we need to get used to that.

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Re: Damage Waivers for Assisting Kiters

Postby ced1 » Thu Dec 12, 2019 10:00 am

Interesting topic indeed, and sadly I think that if you encounter a kiter with no scruples and a lawyer with financial aspirations, a percentage of the incident (accident) will rest on the shoulders of the launcher, even after a thumbs up. Not a pretty can to open but a sad reality.

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Re: Damage Waivers for Assisting Kiters

Postby RustyChain » Thu Dec 12, 2019 10:28 pm

Haha. f*** that. Sue me.

Have fun explaining to the judge that you are participating in an extreme sport and I'm just some guy on the beach you asked to hold your kite until you gave me the thumbs up and it's my fault.

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Re: Damage Waivers for Assisting Kiters

Postby FLandOBX » Thu Dec 12, 2019 10:44 pm

RustyChain wrote:
Thu Dec 12, 2019 10:28 pm
Have fun explaining to the judge that you are participating in an extreme sport and I'm just some guy on the beach you asked to hold your kite until you gave me the thumbs up and it's my fault.
Exactly. in most states in the USA, a kiter would be found to have assumed the risk of an errant launch.

(I don't know the negligence laws of other countries.)


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