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Outlaw / Private Fields Playing paintball in your backyard or other non-business run field

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Old 03-07-2011, 08:57 AM   #1 (permalink)
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OUTLAW : waivers, house rules, etc.

Hey all - I'll be launching a few topics in the near future with the goal of collecting a few best practices to improve the quality of play and safety for the players that play private games on private land. Ill work to compile the collection into a free downloadable guide giving credit to contributors.

OUTLAW : waivers, house rules, etc.

This thread will work to work to answer a few questions:
  • Should private fields use waivers? If so, why? If not, why not?
  • Should those waivers work to protect the owners & participants?
  • Do the private fields you play at require waivers?
  • Do the private fields you play at use house rules?

And provide examples / samples for peer review.

Please comment and contribute.

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Old 03-07-2011, 09:20 AM   #2 (permalink)
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We use waviers to cover the land owners if someone gets hurt. I'm not really sure how a waviers can protect the players but I'm all ears. Our game rules vary a bit but we require mask on outside the safezone. and chrono under 300 fps. If we hear someone coming into the PB area like a 4 wheeler or what have you we stop play. Might not be a bad idea to have Mask rules written into the waviers...
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Old 03-07-2011, 09:30 AM   #3 (permalink)
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Quote:
Originally Posted by BIGNUGLY View Post
.. I'm not really sure how a waivers can protect the players but I'm all ears...
thanks for jumping in sir. Ill share what we have come up w/ here locally. Everyone signs in on the same sheet or you don't play.
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*******CAMBODIA HOUSE RULES & WAIVER OF LIABILITY 2011***************

THIS IS NOT A BUSINESS.
NO SALES: There is nothing to buy here. The buying or selling of anything on this property is prohibited.
PRIVATE: This is private property and is not open to the public for any reason.
PLAY AT YOUR OWN RISK: The owners and the guests of the owners of this property do not have insurance for your protection; therefore, all guests must agree that they are responsible for their own injuries.
TRESPASSING: If you are not an invited guest, or fail to understand the rules above then you are now trespassing.
TARGET SHOOTING: Please keep your target shooting to a minimum.
280 fps max / 6 bps max / SEMI only.
CUSSING: Please curb bad language around children.
GOGGLES: Keep your goggles on while on the playing field.
PLUGS: Plug your marker between games. Please use bright colored plugs and sleeves.
HITS: all hits count. Barrels/toes/pods etc - if you feel it and it breaks, you are out.
BEER/ALCOHOL: If you drink, you are done playing for the day.

I have read, understand and agree to these house rules.

Furthermore, I understand and acknowledge that the activities I am about to voluntarily engage in as a participant have certain risks. I understand that these risks, known or unknown, anticipated or unanticipated, may result in injury, death, illness, disease or damage to myself, my property, or other third parties. I voluntarily agree to accept and assume all responsibility for injuries, death, illness, disease or damage to myself, my property or other third parties arising from participating in this activity. My participation in this activity is voluntary and no one is forcing me to participate in spite of the risks. I understand the effect of this waiver and acceptance of risk on my legal rights.

Furthermore, I hereby release, discharge, and covenant not to sue the owners of the property and the players on the property from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the “releasees” or otherwise, including negligent rescue operations, and I furthermore agree that if, despite this release, waiver of liability, and assumption of risk I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save and hold harmless each of the releasees from any loss, liability, damage or cost which may incur as the result of such claim.

I have read this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND IDEMNIFY AGREEMENT, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement, or assurance of any nature and intend it to be a complete and unconditional release of liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.


Name: _____________________ Signature:____________________________Date:_______ ________________

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Last edited by thumper; 03-09-2011 at 03:41 PM.
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Old 03-07-2011, 10:16 AM   #4 (permalink)
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Waivers are nice to make people think they have signed away their rights. However, they are generally accepted as of little value in court.

What I use is an acknowledgement and acceptance of risk. Rather than waiving your rights to sue it advises people that there are dangers inherent to the game and any outdoor activity and they accept all risks. It also says that they are responsible for deciding if it is safe to continue or not, gives them the authority to stop any game for any safety factor they feel is needed. Continuing to play with a noted safety factor is then their decision, and not mine.

Its worded better by the attorney. I am more concerned about someone trying to sue because they did not know that running around in the woods could result in a broken ankle than over being hit by a paintball.
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Old 03-07-2011, 10:54 AM   #5 (permalink)
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I talked to a lawyer and he said he could right a waiver that protected the land owner from law suit "from now til the end of time" and he said it would get walked all over in court.

Waivers are useless, simply used by insurance company to make people think they cant sue.
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Old 03-07-2011, 11:07 AM   #6 (permalink)
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Originally Posted by thumper View Post
PLAY AT YOUR OWN RISK: The owners and the guests of the owners of this property do not have insurance for your protection; therefore, all guests must agree that they are responsible for their own injuries.
Devil's advocate here, but if one player gets upset and has an altercation with another player and a fight breaks out, can a player sue if say, the other player used his marker and beat him over the head with it to sustain injuries?
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Old 03-07-2011, 12:19 PM   #7 (permalink)
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Of course. Anyone can sue anyone for anything.
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Old 03-07-2011, 12:52 PM   #8 (permalink)
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I would like to add:

"If you are an invited guest" and bring another "guest" that is after having the courtesy of checking with the owner, you are responsible for the actions, behavior, and proper condut of your guest.
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Old 03-07-2011, 01:36 PM   #9 (permalink)
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I state play at own risk all over the forum on which I post also noone under 18 years old some kids whine but hey I don't care.I set basic rules with the constenet threat I can kick anyone off at any time for any reason.I have about 25regs that drive a good hour to play at my place 3 or 4 times a year.I knew none of them when I started and we have a great time.Ohya I do invite only also so I know most of the returning players from past games.

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I also don't charge entery fee so people can't say it a business and they were paying for something adding if they don't feel safe they are free to leave at any time
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Old 03-07-2011, 01:37 PM   #10 (permalink)
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Quote:
Originally Posted by capitalpaintball View Post
I talked to a lawyer and he said he could right a waiver that protected the land owner from law suit "from now til the end of time" and he said it would get walked all over in court.

Waivers are useless, simply used by insurance company to make people think they cant sue.
so at most, its just a deterrent?
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