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huptoy

Attorney legalize for Car Show

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A couple of years ago I attended this car show for prewar II vehicles.  It was an enjoyable show but other things conflicted with the date.  This year, 2016, I was looking forward to attending with my 1931 Hupmobile.  I plan to skip this event due to the lawyers desire to get involved.  I have attended cruse-ins & car shows for 15 years and the "Release of Liability" requirement is a first & totally unacceptable.  I plan to return the registration unsigned stating I will provide my insurance information.  I will need to have a waiver for the release of liability or will not be attending.  I am in SW Ohio, is this common in other areas of the country?

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I would ask that you not punish the car show (by not attending) because we are such a litigious society.  It is not the car show's fault that people will sue for any and everything.  In this case, the car show is essentially requiring that you will NOT sue them if you or your car are injured.  

 

My other hobby is bicycling.  In the cycling world, people who are injured while riding with a group of other riders have sued the organizer of the ride - even if the "organizer" is just someone saying "Hey guys, I'm going for a ride along the coast on Saturday, do you want to join me?"    The result is lots of people refusing to organize group rides, bike clubs having to purchase costly insurance, and groups requiring anyone who wants to ride with them to sign a release very much like the one you showed.

 

Ask yourself WHY you do not want to sign this?  Is it simply on principle - in which case I would ask that you focus your frustration on others, not on the car club.  If you're worried that you or your car could get hurt (and you would want to keep your right to sue if that happened), then do not attend.  But then again, if you think you might get hurt, you probably did not want to attend to begin with.  

 

I will say, there are definitely some things in this release that I would want to change.  But overall, in this context, I would feel the risk is pretty low.

 

Suggest that you contact your insurance carrier to see if they would have a problem with you signing this. 

 

Larry

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Time for an attorney to weigh in on this again, bu this is my understanding.

When you have a participant sign a Release of Liability, you have it in writing that you won't be held liable if someone is injured. It also may grant you the temporary authority to seek medical treatment for patrons, including minors. Parents and guardians can also give consent for their children to participate in event activities without holding the organizers liable, which is especially important if the parents or guardians will not be accompanying their children in the activity. Although the Release of Liability document is designed to limit the liability of the operator for an injury to the participant, it does not protect the operator from damages or injuries caused by the operator's negligence or willful acts.

 

If clubs and show didn't do that, they are afraid that the injured party would sue them for individual actions of others negiigence, and we'd never have gatherings at all.  They can't guarantee that they are responsible for everything that everybody does that may cause you injury

while at that show.  We all have to assume some risk in living and enjoying life.  I've always thought ther should be a sing in the delivery room greeting all new born people  "Welcome, Living May Be Hazardous to Your Health".

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If you are having a car show or meet the owners of the land that you are using will usually require a release form like this.

Way too many lawyers today!!!!!!!!!

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The release says you won't sue them for the actions of others. It does not protect them if THEY are negligent. My lawyer friends say the release about worth the paper it's printed on since the injured partie's lawyer will go to great lengths first proving negligence then going for damages..............Bob

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The Ohio Region CCCA organizes a big show every year on Father's Day. The venue where we hold the event is the former Goodyear mansion and they have a substantial waiver like that one above, which we're obligated to use if we want to have a show there. It hasn't always been that way, but now it is. Sadly, the reason is that people look for ways to blame someone else for their own stupidity. Trip over a curb while texting and walking? Sue the venue for putting a curb where you were walking. Walking on a grass field and step in a hole and trip? Sue the venue for not providing a golf-course-quality lawn. One of the 10,000 or so civilian spectators touches your car? Sue the venue for letting the riff-raff in. The venue uses a photo that includes you and/or your car in next year's advertising for the event? Sue because you didn't agree to have your image used and/or you want your cut of the money. At a big event, someone's going to try to work an angle to get paid. That's because people suck.

 

You're not signing away any rights, you're not giving anything up, you're not being compromised by it. We may not like that we now have to do such things because it goes against the idea of everyone being an adult, but you have to realize that there are a whole lot of people out there who are not only stupid, they're aggressively stupid and don't even know it. A paper like this is the first line of defense against them. Sign it and go have fun at the show. Or don't, but the only person that affects is you. They'll never change it no matter how many silent protests like yours they may get. As someone up above said, the liability is just too great these days.

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At one time the advertising on TV was Brylcream, Colgate tooth paste and Campbell Soup. Now a days it is legal firms hustling business to sue Johnson and Johnson baby powder.

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Just line out and initial the parts you don't like. A contract can always be modified. They then can refuse your entry but not your right to use a public road. I agree the press release is a bit much but is always your choice.

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Mr. Hupp, we have dozens of car events around this area

every year, and multiple shows from which to choose on

just about every week-end.  I have never been asked to

sign a release like that.  And I absolutely would not do it.

 

First of all, it doesn't even sound like a car club.  It sounds

like some monastic order organizing it for their own fund-raising.

YOU are providing them their entertainment--the antique cars--

and then they want you to bend over backwards to protect THEM?

As you are doing them a service, whey are they not going all out

to protect YOU?

 

If they need insurance to cover their event, they should get it.

I like your standing up for your rights and your refusal to participate.

You should get other car owners to do the same.

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Sounds like a great event, if nobody goes more of these cars stay perpetually parked in the garage. Getting exposure for vintage cars and joining other like-minded people

 is of more importance in my opinion.

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I know what you mean.

A group of us had to have a $2,000,000 insurance policy to have a plant sale to put in  a small teaching garden for a local high school.. 

It cost about $600 to put in $250 worth of plants but somehow no one got killed.

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6 hours ago, John_S_in_Penna said:

A car hobbyist should not need a lawyer,

or legal knowledge to scrutinize a long-winded agreement,

just to show his car!

Sadly, that is no longer the case in today's world. It isn't the fault of the organization putting on the show.

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There is actually a service in New York City that sells lists of damaged and "unsafe" sidewalks to lawyers and anyone who might "accidentally" turn an ankle.

 

 

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6 hours ago, John_S_in_Penna said:

A car hobbyist should not need a lawyer,

or legal knowledge to scrutinize a long-winded agreement,

just to show his car!

 

Car fans, don't give in to this, saying it's necessary!

Hundreds of car shows in our area don't compel participants to sign anything.

If more people stood up against things like this, they would be 

less likely to occur.

 

I understand that regional A.A.C.A. events are covered by

the national A.A.C.A.'s policy in some manner.  That clearly is sufficient.

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2 hours ago, Restorer32 said:

There is actually a service in New York City that sells lists of damaged and "unsafe" sidewalks to lawyers and anyone who might "accidentally" turn an ankle.

 

 

 

Read post #3

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Sign it, go to the show and have a good time. Those are a sad but necessary tool in today's litigious society. It doesn't harm you in any way, it doesn't stop you it isn't a big enough thing to warrant not going if you wanted to. If you are unwilling to sign it, stay home. You not signing it will not change one thing except to provide a place for someone else to attend and have a good time. If you are planning on creating a ruckus, then signing it may not be in your best interest. ;-) 

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I am in local government. Our blue collar town of 1800 souls carries $10,000,000 liability insurance, even though it is very difficult to sue a municipality, and our attorney says we are under insured.

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Hold-harmless or similar agreements have become more and more common at car shows.  Simply, the provider of the venue (landlord, property owner, etc.) simply wants assurance that he won't be sued for incidents that occur on his properly.   All the major shows and events around here have had it for years and now it's use has spread to more local and smaller events.  If that's all it is, just sign it and have a good time at the show.

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As mentioned, releases and other such hold-harmless agreements like these aren't worth the paper they are printed on anyway.  They mainly create awareness to act like civil people during the event.  It's up to judges to determine the value based on the actual case before them.  You can still sue them and let a judge determine whether your suit is permissible and/or has merit.  Your rights are still 100% there.

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It's a reflection of our society. Not going to the car show isn't fighting it, it's just one less chance for someone to learn about your car, and one less day for you to enjoy.

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I have three car show applications that I have sent in and pre registered ALL have a disclaimer in them. I for one am not going to let this stop me from attending these shows. I guess that it's a sign of the times we now live in. 

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I once heard that those waivers of liability are nothing more than "feel-good" for the organizers.  You can always sue for negligence.  Not a lawyer, just tellin you what I've heard. 

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