Trampoline Injury Release Forms

[madkins1222]

Off the subject I know, but I had some questions.

We just bought our kids a 15 ft. Jump King from Sam's Club, and the neighborhood kids are coming out of the woodwork. My homeowners insurance won't cover liability claims for a trampoline, so they'll sue me right?
Is there a waiver they can sign, to relieve me of any responsibility for injuries?

I know there's some lawyers out there.

Thanks in advance,
Michelle

[ April 23, 2004, 04:57 PM: Message edited by: madkins1222 ]

[slowfoot]

My son had a friend who invited him to come jump on his trampoline, the mom had me write my own note about how she was not responsible for injuries etc.

[madkins1222]

Did you feel violated?
I was told that if the child is on state assistance or medical card, the state will sue you! No matter what the mother signed. I guess if they are footing the bill, they can come after you for the balance.
My trampoline has that safety net too, but they can still break a bone.

[Heaven Sent]

Hmmm mad, that is a good question thanks for bringing that up for future reference!!

[slowfoot]

I was surprised but no I didn't feel violated. I figured if I were the one with the trampoline and one of my kid's friends broke their neck on it, I wouldn't want to be financially responsible. I signed it, but he only went over once. lol I didn't like those kids anyway.

Here's a waiver, you can just put in your information lol.

RELEASE / INDEMNIFICATION OF ALL CLAIMS AND COVENANT NOT TO SUE

NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. By signing this agreement, you waive your right to bring a court action to recover compensation or obtain remedy for any injury to yourself or for your death however caused arising out of your use of the facilities of AEROBALL Sports, and/or SWAT (Strength Wellness Athletic Training), LLC., now or any time in the future, whether caused by the gym's negligence or that of its officers, agents or employees.



ACKNOWLEDGMENT OF RISK

I hereby acknowledge and agree that the sport of AEROBALL and the use of the facilities of AEROBALL Sports, and/or SWAT (Strength Wellness Athletic Training), LLC, an Arizona corporation (hereinafter) referred to as the Gym, its equipment and facilities, has inherent risks. I have full knowledge of the nature and extent of all the risks associated with playing AEROBALL and the use of the Gym, and have had any questions about the same explained to me, including but not limited to:

All manner of injury resulting from falling off the equipment and hitting surfaces and projections, whether permanently or temporarily in place, or the floor;

Injuries resulting from falling, climbing, rebounding, or other related activities

Cuts and abrasions resulting from skin contact with the equipment or the ground

Failure of springs, trampolines, anchor points, or any part of the AEROBALL structure.

minor injuries such as scratches, bruises, and sprains

major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions

Catastrophic injuries including paralysis and death.

I further acknowledge that the above list is not inclusive of all possible risks associated with the use of the Gym and that the above list in no way limits the extent or reach of this waiver and covenant not to sue.



WAIVER/RELEASE /INDEMNIFICATION AND COVENANT NOT TO SUE

In consideration of my use of the Gym, I, the undersigned user, agree to waive and release and on behalf of myself, my heirs, representatives, executors, administrators and assigns, hereby do release AEROBALL Sports, and/or SWAT (Strength Wellness Athletic Training), LLC, an Arizona corporation and its officers, agents, and employees from responsibility and WAIVE MY SUBSTANTIAL RIGHTS TO ASSERT any cause of action, claims or demands of any nature whatsoever, including but not limited to, a claim of Negligence, which I, my heirs, representatives, executors, administrators and assigns may now have, or have in the future against the Gym on account of personal injury, property damage, death or accident of any kind arising out of or in any way related to my use of the Gym whether that use is supervised or unsupervised, however the injury or damage is caused, including, but not limited to, the negligence of AEROBALL Sports, and/or SWAT (Strength Wellness Athletic Training), LLC, its officers, agents, and employees.



In consideration of my use of the Gym, I the undersigned user, agree to use the facilities of the Gym in accordance with its established safety policies and procedures and agree to INDEMNIFYAND HOLD HARMLESS AEROBALL Sports, and/or SWAT (Strength Wellness, Athletic Training), LLC, its officers, agents and employees from any and all causes of action, claims, demands, losses, or costs of any nature whatever arising out of or in any way relating to my use of the Gym, whether asserted by the Gym or any 3rd parties who may be injured on account of or in any way resulting to my use of the Gym . I hereby certify that I have full knowledge of the nature and extent of the risks inherent in the use of the Gym and that I am voluntarily assuming the risks. I, the undersigned, state that I will be solely responsible for any loss or damage, including death, I sustain while using the Gym and that by this agreement, I am waiving any right to pursue AEROBALL Sports, and/or SWAT (Strength Wellness Athletic Training), LLC. for any liability for such loss, damage or death, even if caused by genuine negligence. I further certify that I am of Lawful age (18 years or older) and otherwise legally competent to sign this agreement, or have acquired my parent/guardian signature lawfully. I further understand that the terms of this agreement are legally binding and I certify that I am signing this agreement, after having carefully read it, of my own free will.



In witness whereof, this instrument is duly executed at Tucson, Arizona on (date):___________________________

[califmtbguy]

If someone get's hurt on your property you can count on being liable. Obviously a release of liability might deter a lawsuit, but if someone wants to push it forward and get an agressive attorney then your release might not be worth the paper it was written on.

It is a sad thing, but it is the reality in today's sue-happy world. California is really bad. Other states may not be quite as bad.

[Amy T]

okay Cali.. that picture.. its like making me nauseated now..

[califmtbguy]

Me too.

[runs with scissors]

Yeah I'm with you Amy. If I puke I'm going to hold you accountable for the destruction of my new favorite pants.

Amy, if I die from the sheer cuteness of your little girl I'm holding you accountable. Wait..I'll be dead. Nevermind.

It's been a LONG DAY, ok?!

[Amy T]

Bethany, LMAO...

I hope you don't puke on your jeans..
and Ill let Elyssa know that the next pic I take of her shes gonna have to scowl..

[slowfoot]

She really is precious. Like a little fairy. (Did that sound gay? I didn't mean for it to.)

[runs with scissors]

LOL @ Slow, that totally had a hint-o-gay to it. HAHAHAHAHA

Amy, I don't think she can scowl. Her cute lil face wasn't made for that.

[ShortieB03]

this story is hella funny because i broke my tail bone on one of those trampolines about a year ago and have problems still with sitting for long periods of time in any one place....look into that because you may get money back if you sue!

Britt

[Determined1-- derland here I come]

A lot of time those releases aren't even worth the paper that they are written on. I personally wouldn't allow other's children to be on it. If the homeowners ins won't cover yes you can be sued. Check with your states insurance commissioner to see if it is legal for them to exclude your trampoline.

[madkins1222]

Thanks Slow for the form. That's really helpful.

I think anything can be challenged, but if a release form isn't worth anything, why does the city and the state use them for sports and playground equipment, especially since they stand to lose the most?

I'm gonna check with the insurance commissioner Determined, thanks.

Tailbone shortie? What the heck caused that? I figured with the net and fabric, the tailbone would be the last thing hurt???

[missus]

Hey Madkins, how's it going girl. Did you ever get to chat?

Missus

BE BLESSED

[madkins1222]

I chatted with Fit and SHortie for a couple of minutes. It was cool. I just can't type for play consistantly, so I'm not much of a chatter. Work interupts me alot..lol

[mms72]

Did you think of maybe getting one on the trampoline netting wall type things for around it? supposed to help prevent falls....

Sadly i'd have to agree--don't have the other kids on it.

[madkins1222]

Originally posted by madkins1222:
Did you feel violated?
I was told that if the child is on state assistance or medical card, the state will sue you! No matter what the mother signed. I guess if they are footing the bill, they can come after you for the balance.
My trampoline has that safety net too, but they can still break a bone.

Yeah, but they can land on their heads, or each other. I get paranoid about the bones and the neck. I think I'll go with you guys, and leave the other kids to fend for themselves. I can't afford my own insurance, much less their medical bills.

Thanks for all your posts.