Really neat assumption of the risk agreement. But will it work? Should it be a release?

Without the word negligence or giving up your right to sue it is not a release.

A friend sent me this assumption of the risk form. You can find it here. It is on the WaterTribe website. It is fun to read and well written. Three long pages of warnings about the risks of boating.

However there is no place to sign. So there is no way to prove that anyone signed the form.

There is also no use of the magic word negligence or language where the party is giving up the right to sue.

The document says you have to sign a release, however searching the site did not turn one up. However it might be a member’s only location on the site. Does the release tie into or relate back to this form. That would provide great assumption of risk proof.

Do Something

However this is nothing wrong with this document. It tells the truth that if you don’t read and pay attention to what it says you can get hurt or die.

Maybe we need more documents that drive home the risk, rather than legally dance around it.

What do you think? Leave a comment.

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