Suggestion of liability waiver

[pearson]

I have been doing a number of private action shoots relating to motocross. While nothing has happened yet it is the nature of the sport that at some time, someone I am photographing (at their request) will (a) crash and or (b) hurt themselves. Can anyone suggest the action I should take to protect myself should someone be injured at one of my shoots? Will a waiver signed by the participant suffice or do I need something else? Does anyone know where I can find an example of a liability waiver should that be all I need? I would just like to make sure I don't leave myself open.

Any advice would be greatly appreciated.

Cheers

[Kym]

In common law you cannot contract out of negligence.
The key is therefore to do an active risk assessment and plan the shoot with safety in mind.
You can ask people to accept that there is some risk involved in the activity.
I'd google for some boiler plate text, but also run it past a solicitor!

[ricktas]

As Kym said you cannot waive common law legal rights by getting people to sign a waiver. You are responsible for your own safety and that of others if you are in a position whereby you are putting yourself and others into danger. Especially if you get people 'showing off to the camera' cause you are photographing them and try to do something they haven't got experience to do. A contract to cover all of this would be something a lawyer would need to get involved in

[pearson]

Thanks for the advice Kim. You just can't be too careful. Everyone comes across like they are down to earth (and most people are) but it's the ones that are determined to cause trouble that make me nervous.

I photograph at a private facility so a walk around and then suggestion to the client to refrain from attempting certain sections of the track unless their ability permitted it would be a procedure I should undertake - and have them sign a waiver stating the usual points as well as their awareness of my carrying out a risk assessment?

- - - Updated - - -

Thanks Rick, looks like I need to make an appontment with my solicitor. Obviously being able to recognise when someone is out of their depth is a valuable thing and I've been fortunate so far no one has been intent on doing something stupid. Thanks for the advice on this.

[kiwi]

what you do in fact need in insurance

[pearson]

You mean public liability?

[kiwi]

Yip, you're not going to be succesfull in having anyone else release you from liability, even if they could, personal indemnity and public liability is important fr anyone shooting in a risky environment

[pearson]

Thanks Kiwi

Understood. Better start chasing up some insurance before this goes any further. Can you suggest any companies better suited to photographers or will any of them do?

[kiwi]

Www.photoinsurance.com.au


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