Consent form

[Let'sgoflying!]

Does anyone have a brief consent form (1 page) - suitable for a youngster’s parents; birthday sightseeing ride, which you’d want to share?

 

[frfly172]

EAA you g eagles flights use a consent form, find someone who is in EAA.

 

[Let'sgoflying!]

I am.

 

[Let'sgoflying!]

But dont recall a form

 

[JScarry]

We based ours on the AOPA version and keep several copies handy on 6x9 cards.
Release of Liability

IN CONSIDERATION of my anticipated flight(s) the legal sufficiency of which is hereby acknowledged, I agree, intending to be legally bound hereby, that YOUR NAME ("Released Party") SHALL NOT BE LIABLE FOR MY DEATH OR INJURY TO MY PERSON, OR FOR ANY LOSS FOR DAMAGE TO MY PROPERTY caused in any manner whatsoever, whether attributable to the negligence of the Released Party, or for any other reason, occurring during the time that I am in, entering, or alighting from an aircraft piloted by or under the control of or owned by the Released Party, and I do hereby waive any right of action against the Released Party from any and all causes or claims that I may have against them from the beginning of time. I further agree not to sue on any such cause or claim. This agreement shall not release liability for gross negligence or willful misconduct of the Released Party. I agree to indemnify and hold the Released Party harmless for any losses, judgments or damages he or she may incur, including but not limited to attorneys fees, arising out any lawsuit related to the flight and/or enforcement of or legal challenge to this agreement. It is my intention that this agreement be interpreted and enforced to the maximum extent allowed by YOUR STATE law.

IN WITNESS WHEREOF I have hereunto set my hand and seal the below written date.
______________________________ ______________________________ Date__________________
(Name printed in block letters) (Signature)

In the presence of: (Witness) ______________________ (Witness) ______________________

 

[Shawn]

Unless you insurance requires it as a condition of coverage coverage, they are absolutely worthless in absolving any liability.

 

[Let'sgoflying!]

not hoping to absolve of liability, I know that about the forms.
btw, I was looking for a form, with this thread...if you know of one.
will be looking over jscarry’s, thanks

 

[Stan Cooper]

Dave, I downloaded this Liability Waiver Agreement from the EAA website.

 

[Let'sgoflying!]

cool, Stan - thanks

 

[James331]

Does anyone have a brief consent form (1 page) - suitable for a youngster’s parents; birthday sightseeing ride, which you’d want to share?

No

If I feel the need for one, you’re not the type of person I’d even want to have dinner with, let alone take flying, thus I don’t need one

 

[Let'sgoflying!]

Dave, I downloaded this Liability Waiver Agreement from the EAA website.

I modified it for a parent and child who may be flying, and removed anything related to the EAA, I think it also has most of what is in @JScarry has in his/hers
For your comments:
(I only included a place for one parent...wondering about that)

 

[Lindberg]

Unless you insurance requires it as a condition of coverage coverage, they are absolutely worthless in absolving any liability.

This is an overly broad statement.

 

[Salty]

Are you attempting to scare them to get out of flying the kid?

not sure I understand the desire for a form you don’t think has value.

 

[midlifeflyer]

This is an overly broad statement.

Overly broad statements on this subject are standard.

 

[Doc Holliday]

Those forms are worthless. Best of luck to anyone who may have to actual defend themselves using one.

 

[Stan Cooper]

Here are two more (one for adults, one for minors). These are from "sample legal documents" on the AOPA website. I would require separate waivers for each passenger. The AOPA website urges members to use these only as a guide, and recommends having an aviation attorney modify them for members' specific applications.

 

[Stan Cooper]

Regarding the value of liability waivers, this article, "California law on the enforcement of 'liability waivers'", may be helpful. The laws vary from state to state.

https://www.shouselaw.com/personal-injury/liability-waivers

 

[Warlock]

I had a kid killed in my airplane last year...her father was at the controls...my insurance paid 80k to the family and liability on my part is not an issue...your form is worthless when it comes to an actual incident. At least that’s my experience.

 

[Bill Greenwood]

Warlock, I am sorry for you sad experience. If you are up to writing about it, I and we could probably learn from it. You say, "your form is worthless". Did you or the pilot have any sort of written liability release signed by the parents in this case? If so, was it presented in any legal proceeding or negotiation or court? Can you tell us what happened in the accident and was there any finding of cause or fault? Thank you

 

[Doug Reid]

The form will only show the parents consented to the flight....nothing more.
That is like riding behind a gravel truck that has a sign on the back saying they are not responsible for damage to your vehicle from falling rocks.....worthless in court.

 

[Bill Greenwood]

Doug, did you have a similar experience and go to court? Are you a lawyer in this field?

 

[Bill Greenwood]

I have used a liability release form for 3 decades of flying passengers. I have been lucky enough to never injure a passenger so never had my form contested in court. I wanted to make clear possible dangers from a flight. One thing I have been told is that you can't waive negligence of the owner or pilots part. Lets say you have a couple of beers at lunch and fly 2 hours later and make a bad landing, gear up and with injuries. Probably liable for damages. However, lets say on takeoff a tire blows out and you go into the ditch with injuries. Investigation reveals imbedded in the tire is a sharp piece of metal from the plane in front of you. Probably not liable, it was an accident beyond your control. This is what happened to the Concord flight coming out of Paris.

 

[Stan Cooper]

One thing I have been told is that you can't waive negligence of the owner or pilots part.

Bill, I think it depends on whether the negligence is "ordinary negligence" or "gross negligence" (at least in California).

California law defines “negligence” (ordinary negligence) as the failure to use reasonable care to prevent harm to oneself or to others.

Gross negligence, on the other hand, is generally defined as:

• The lack of any care, or
• An extreme departure from what a reasonably careful person would do in the same situation to prevent harm to oneself or to others.

In California, a waiver may be enforced if the injury/death results from ordinary negligence, but not if it's the result of gross negligence.

 

[Lindberg]

Overly broad statements on this subject are standard.

Apparently.

 

[midlifeflyer]

Doug, did you have a similar experience and go to court? Are you a lawyer in this field?

I can certainly envision a school system either choosing against or being precluded from obtaining liability waivers in conjunction with consent to school projects.

The problem is taking something so narrow and thinking it states a more general principle. That often happens in discussions on this subject. "Someone had a poorly written waiver which wasn't enforced. Therefore none of them are."

The other problem in these types of discussions is thinking in terms of all or nothing. Either they absolutely protect you or they are completely worthless. While those two extremes exist depending on state law and waiver content, there's a lot going on in the middle,

 

[midlifeflyer]

Regarding the value of liability waivers, this article, "California law on the enforcement of 'liability waivers'", may be helpful. The laws vary from state to state.

https://www.shouselaw.com/personal-injury/liability-waivers

Now there's a completely accurate broad statement. Not only do the black and white rules vary, but the cultural undercurrent of being more "friendly" or "unfriendly" toward waivers does too. It seems every time I look at this question I learn about some new variation.

 

[Lindberg]

The problem is taking something so narrow and thinking it states a more general principle. That often happens in discussions on this subject. "Someone had a poorly written waiver which wasn't enforced. Therefore none of them are."

Quoted for emphasis.

This phenomenon is quite prevalent in online legal discussions, emphatically so on this topic.

 

[JScarry]

I just ran across this lengthy training waiver on the Bonanza Society webpage. It has a bunch of stuff about owner responsibility that you can delete but the indemnify and waiver sections look useable.