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Have you ever signed a waiver for a fishing guide?
#28905
07/05/06 02:46 PM
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Joined: Feb 2004
Posts: 949
GPS
OP
Pro Angler
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OP
Pro Angler
Joined: Feb 2004
Posts: 949 |
Have you ever been asked to sign any type of waiver with a fishing guide?
Do any of you guides ask for a waiver of liability?
BassFan
Greg Stewart
"I started with nothing and today I still have most of it."
"What offends the mind; reveals your heart!"
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Re: Have you ever signed a waiver for a fishing guide?
#28906
07/05/06 03:09 PM
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Joined: Mar 2004
Posts: 2,356
Mike Ryan
Extreme Angler
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Extreme Angler
Joined: Mar 2004
Posts: 2,356 |
I have not signed one in the few times I have been with a guide , is it common these days ?
Today if the weather permits , myself and a fellow TFF member are going out with TFF crappie guide Paul O'Bier . If he has a waiver for his protection I would sign it . I fished a ranch in Throckmorton Texas that had well stocked bass ponds on it , the owner had us all sign a waiver .
He also leased the property out to deer hunters , maybe his insurance required him to have all that come to the ranch sign one . Or maybe in this law suit happy world we live in , he had no other choice . Either way , I will sign one if requsted .
I know the rancher told us with all the rattlers and wild hogs on the place , we needed to excerise caution . I guess that waiver protects him when even the unfortunate happens .
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Re: Have you ever signed a waiver for a fishing guide?
#28907
07/05/06 04:16 PM
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Joined: Mar 2003
Posts: 11,593
Fishin' Nut
TFF Guru
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TFF Guru
Joined: Mar 2003
Posts: 11,593 |
Texas State Rifle Assc. (TSRA) published a article last year. Texas protects the majority of landowners from liability lawsuits resulting from people hunting and/or fishing their property. I gave it to my landowner for him to read, since he has always been AR about everyone signing a liability release.
Waiting on Bob Davis' next selfie
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Re: Have you ever signed a waiver for a fishing guide?
#28908
07/06/06 01:56 AM
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Joined: Aug 2002
Posts: 2,064
DLALLDER
Extreme Angler
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Extreme Angler
Joined: Aug 2002
Posts: 2,064 |
If you fish with a guide in Colorado, you will sign a waiver.
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Re: Have you ever signed a waiver for a fishing guide?
#28909
07/06/06 03:45 AM
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Joined: Apr 2005
Posts: 3,256
divingcat
TFF Team Angler
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TFF Team Angler
Joined: Apr 2005
Posts: 3,256 |
Does the signing of a waiver mean that the guide has no responsibility for your safety? I have never signed one and have always assumed that guides were required to have insurance. What if a guide hits another boat and you are injured? How about the guide hits a stump at 45mph and you are injured? If I pay $150 or so a day per person, I would hope the guide has insurance to cover mishaps.
"He who fights with monsters might take care lest he thereby become a monster." Friedrich Nietzsche
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Re: Have you ever signed a waiver for a fishing guide?
#28910
07/06/06 01:23 PM
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Joined: Mar 2003
Posts: 2,127
Texas Smoke
Extreme Angler
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Extreme Angler
Joined: Mar 2003
Posts: 2,127 |
Waivers are jokes.
Hell, sign any waiver that they give you if it makes 'em feel better.
It really doesn't matter what it says, because if they are NEGLIGENT, the waiver will mean nothing in court. Waivers were created by lawyers in an attempt to scare away unknowing simpletons who think that because they signed it they have no case. WRONG.
You can't waive away negilgence.
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Re: Have you ever signed a waiver for a fishing guide?
#28911
07/06/06 02:33 PM
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Joined: Mar 2004
Posts: 3,228
McLovin
TFF Team Angler
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TFF Team Angler
Joined: Mar 2004
Posts: 3,228 |
Texas Smoke... Waivers dont conver negilgence..but they do cover stupidity. if i'm a guide and you stand up on the back of the boat to take a leak and fall out and hurt yourself..the waiver covers that and similar things.
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Re: Have you ever signed a waiver for a fishing guide?
#28912
07/06/06 06:12 PM
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Joined: Mar 2003
Posts: 2,127
Texas Smoke
Extreme Angler
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Extreme Angler
Joined: Mar 2003
Posts: 2,127 |
Dwclark,
guess what ...... if someone stands up in the boat and falls out and hurts themsleves, they aren't going to win against you anyway, waiver or not.
It doesn't prevent someone from suing you, whether there is negligence involved or not.
It can't be used to waive negligence.
So what's the point of a waiver ???
I reiterate, they're basically worthless and only meant as a scare tactic against those who sign them.
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Re: Have you ever signed a waiver for a fishing guide?
#28913
07/06/06 11:09 PM
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Joined: Apr 2005
Posts: 3,256
divingcat
TFF Team Angler
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TFF Team Angler
Joined: Apr 2005
Posts: 3,256 |
TS, I agree with you. In fact, if a guide wants me to sign a waiver I would consider that an indication that he/she has been involved in an accident. Are guides in the state of Texas required to have insurance? It certainly seems like they would since they are operating a business and their boat is business property.
"He who fights with monsters might take care lest he thereby become a monster." Friedrich Nietzsche
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Re: Have you ever signed a waiver for a fishing guide?
#28914
07/07/06 03:30 AM
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Joined: Apr 2006
Posts: 55
Cherokee
Outdoorsman
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Outdoorsman
Joined: Apr 2006
Posts: 55 |
Isn't it a shame that our society has come to this. Whatever became of Honor, Do The right Thing, True Morality, and lastly, all you needed was your word and a hand shake.
I once got a loan to buy my first house and guess where my payment history was documented? On the back of counter check from my local bank. He had written at the top of the check "My Name" has given me his word to make monthly payments until this note for (amount) is payed in full. And every payment was then documented below the note...Try doing that in this day and age.
Cherokee
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Re: Have you ever signed a waiver for a fishing guide?
#28915
07/07/06 11:31 AM
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Joined: Mar 2003
Posts: 2,127
Texas Smoke
Extreme Angler
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Extreme Angler
Joined: Mar 2003
Posts: 2,127 |
Yea Cherokee, there was a time when you didn't have to have a receipt every time you took something back and you didn't have to give your life history over the phone in order to check about something on your light bill.
Oh, almost forgot, and you didn't have to press 1 for English ....
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Re: Have you ever signed a waiver for a fishing guide?
#28916
07/07/06 11:59 AM
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Joined: Jun 2006
Posts: 1,051
banana
Extreme Angler
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Extreme Angler
Joined: Jun 2006
Posts: 1,051 |
Pressing 1 for English...now that's the real joke on us 
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Re: Have you ever signed a waiver for a fishing guide?
#28917
07/09/06 06:16 AM
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Joined: Apr 2005
Posts: 3,256
divingcat
TFF Team Angler
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TFF Team Angler
Joined: Apr 2005
Posts: 3,256 |
Sincerely, to me signing a waver sound ridiculous. Whenever anyone fishes with me, as an individual, I am responsible for that person. For that reason, I made sure my boat insurance covered those in my boat. Should I require my friends to sign a waver? Of course not. However, if I have an accident, just like in my automobile, I am responsible for my guest. Actually, I do not mind the fees that guides charge. I realize that they must earn a living, pay boat expenses, and PAY FOR LIBILITY INSURANCE. If I were to be injured due to neglect on the guides part, I certainly would expect them to pay. If a guide needs to up his/her rate in order to purchase insurance, I certainly understand that and I am willing to pay for that protection. Even at $200 per day per person, going with a guide is a bargain.
"He who fights with monsters might take care lest he thereby become a monster." Friedrich Nietzsche
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Re: Have you ever signed a waiver for a fishing guide?
#28918
07/09/06 06:20 AM
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Joined: Apr 2005
Posts: 3,256
divingcat
TFF Team Angler
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TFF Team Angler
Joined: Apr 2005
Posts: 3,256 |
Okay, why a bargain? If you figure in bait, gasoline, oil, expense of hauling your own boat, most often cleaning of fish, plus the expertise of a guide, heck, most are cheap! To me, insurance should be a given when you hire a guide.
"He who fights with monsters might take care lest he thereby become a monster." Friedrich Nietzsche
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Re: Have you ever signed a waiver for a fishing guide?
#28919
07/09/06 02:40 PM
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Joined: Jun 2006
Posts: 1,051
banana
Extreme Angler
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Extreme Angler
Joined: Jun 2006
Posts: 1,051 |
Businesses have people sign waivers everyday...it's a common practice.
Things aren't like they used to be, and chances are they will never be again!
Take anything signed into court and its gold! They can still sue you, but then again "who can't".
What's the signers argument...I'm and idiot?
If I hired someone to work on my property and he wanted me to sign a waiver that he wouldn't be responsible for any damage...I would look for someone else to hire.
I you don't like it..don't sign it!
"If the glove fits. You must acquit"
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