As per my earlier post, the following is the waiver. I first got it when I asked to cut wood at an attorney's house. He asked if I minded if he "whipped something up" for me to sign. I have used it ever since. Two warnings or pieces of advice. Use this only when needed. When I am not asked, I do not offer. Second, this does not protect you from damage you cause the landowner. I personally stay away from cutting anything that could fall or damage stuff, and most of what I do is already on the ground when I arrive. I do have three arborist friends, who are insured, and so I refer them in. In return for referrals, they take down trees, chip brush and leave logs. Landowner gets better price, they get work, I get wood, everyone wins. Happy hunting, and to repeat, I am not an attorney, run by your own for applicability to your state, and use at your own risk! P.S. Section 6 protects you from one of the buddies you cut with suing you and visa versa. Attorney is my friend and I think added for my benefit. Concept made sense to me. AGREEMENT AND RELEASE FROM LIABILITY This AGREEMENT AND RELEASE FROM LIABILITY (“this Agreement”) is entered into this XX day of MONTH, YEAR, by and between LANDOWNER, and the undersigned individuals who desire to cut, remove and transport wood from fallen trees on LANDOWNER-owned land. LANDOWNER and the undersigned individuals hereby expressly agree as follows: 1. The undersigned individuals desire to enter onto LANDOWNER-owned land for the purpose of cutting, removing and transporting wood from fallen trees for their own purposes ("the work"). 2. LANDOWNER agrees to allow the undersigned individuals to enter onto LANDOWNER-owned land for the purpose of cutting, removing and transporting wood from fallen trees for their own purposes, on condition of, and in consideration for, the undersigned individuals’ covenants and release from liability as set forth in this Agreement. 3. The undersigned individuals acknowledge and agree that they are not agents or employees of, or in any way affiliated with, LANDOWNER but will perform the work as independent contractors. 4. The undersigned individuals understand and acknowledge that the work of cutting, removing and transporting wood from fallen trees is an inherently dangerous activity with a high risk of serious personal injury and/or property damage. They agree to assume the entire risk and liability of performing the work as well as to assume the entire responsibility for ensuring the safety of themselves and others in performing the work. 5. The undersigned individuals agree that LANDOWNER has no obligation or responsibility for providing them a safe working environment, insurance coverage, worker’s compensation, medical care, in connection with the work, and they further agree that ensuring a safe working environment as well as obtaining such coverage and care is solely their own responsibility. 6. The undersigned individuals, acting individually and jointly, hereby expressly release, waive, discharge, and covenant not to sue the other, their officers or members, from and for any and all liabilities, claims, demands, losses, injuries, property damages, wrongful death, loss of services, loss of profits, or consequential, exemplary, indirect or punitive damages, which may occur as a result or arise out of the work. The undersigned individuals, acting individually and jointly, hereby expressly agree that if, despite this Agreement, anyone acting on behalf of them, individually or jointly, makes a claim against the other, its officers or members, they will jointly and severally indemnify, save and hold harmless one another, their officers and members from any and all litigation expenses, attorney fees, losses, liabilities, damages, or costs, which any may incur as a result of such claim. The undersigned individuals understand and hereby expressly agree that they are releasing, discharging and waiving any and all claims and actions whatsoever that they may have individually or jointly either presently or in the future as it relates to the work. 7. LANDOWNER and the undersigned hereby expressly agree that this Agreement is the sole and exclusive understanding between them and that no other oral or written representation or expression of intent is to be given legal effect. LANDOWNER and the undersigned individuals further hereby agree that this Agreement is to be interpreted in accordance with the laws of the state of STATE, as broadly and inclusively as those laws permit. By signing below, I acknowledge that I have read and understand this AGREEMENT AND RELEASE FROM LIABILITY and enter into it willingly and voluntarily. LANDOWNER ____________________________________________________ By: LANDOWNER NAME ________________________________________________________ ________________________________________________________ ________________________________________________________ ____________________________________________________ ________________________________________________________ ____________________________________________________
I'd say that section 7 gives the lawyer a way to sue you for his yard being damaged even if he said not to worry about it....."oral" communication. Anyone's place I cut at has given me the same permissions as stated above(mostly neighbors needing help getting a fallen tree cleaned up) - I would in no way shape or form allow someone else to cut my property, even with a substantial indemnity rider without the above written contract. Reality is, most of the times someone needs some help with a big tree on the ground they are gracious of an offer to clean it up for the wood - there are very few that wish to protect themselves litigiously.
No just want to be sure on behalf of myself, the admins for the forum like you, and forum section 7 says no other communication matters and this document trumps all of that Again, I don't use if not required to get at a good score
The resource is up, thanks again. http://firewoodhoardersclub.com/forums/index.php?resources/liability-wavier.8/
Might be good for some but hopefully I'll never have to use such a thing. Maybe it is because of growing up in a farming community and it was very common to do work for neighbors and them for you too. I do think it is a shame that anyone has to cover their backsides for the least little thing for fear of a law suit. For that we can thank the attorneys and judges.
Agree, I cut about 30-40 cords a year, with two other buddies mainly, sell 6-7 of those to cover expenses. So have used is twice really, accounting for about 15 cords of good wood. Once was in a neighborhood that had some type of homeowners association governing common area land where wood was, the other was property located on site of a commercial building. But neighbors and word of mouth referrals are mainly where I get wood, and none of them have ever asked since I am generally helping them to start with. But if that waiver is the only between you and a super nice scrounge of hardwoods, maybe worth it. Hope you never need it. Hopefully worth at least what you paid for it.
Ohio and some other states have recreational immunity statutes to protect landowners who allow recreational use of their lands if they dont charge a fee.
