| Date | Tue, 6 Dec 2005 14:48:58 -0500 |
|
Jeffs waiver
seems okay to me … but you can get by and less and it’s generally
recommended. Don’t say more than you need to. My attorney told me
many years ago that, unless you are an attorney, any legal documents such as
contracts or waivers should be as short and to the point as possible and not to
get too involved in details. His point was that the more you say the more
likely you are to trip yourself up. If you define Fab debris and do so
incorrectly … their attorney may try to use that, if you contradict
yourself their attorney may try to have the document ruled unenforceable, if
you create a lengthy document that goes into things that aren’t a necessary
part of the issue … their attorney may try to make it out to be confusing
and unfair. Be specific but be brief and, while it would be wise to educate the
customer about fab debris at the time you’re getting the waiver signed,
don’t take any responsibility for doing so in writing. I do not profess
the following to be the best possible wording but something along these lines
is all you really need to have. >> YOUR COMPANY
NAME LIABILITY WAIVER (Name of your customers company) agrees to hold (name of
your own company) harmless for any and all scratched or otherwise damaged glass
on the job site located at (address of job) resulting from fabricating debris or
neglect on the part of non (your company name) personnel.
As part of this agreement (name of your company) acknowledges
normal responsibility for acts of neglect by its’
employees and agrees to use commonly practiced methods and care in providing window
cleaning service at the above address. Signature of customer _____________________________ Date ____________________ Signature of (your company name) representative
___________________________ Date ______________________ << All you need is something that will either keep you out of
court or show the judge what they agreed to in the event you must go to court. The
more simple and general you keep it the better off you are. Were it not for the likelihood that the common
customer will require it … I wouldn’t even use the second part. Michael D. Brinegar President Pride Master, Inc. www.pridemaster.com |