The use of a waiver is a legal decision by someone to voluntarily relinquish or surrender some known right or privilege.
Within the events and attractions industries, participants in extreme sports, certain amusement devices and immersive entertainment experiences are often required to sign a waiver.
When writing a waiver for a patron experience, it is important to address the hazards associated with the normal use or operation of the experience being provided.
Please understand, that an operator cannot waive hazards caused by failing to adhere to regulations, standards and common industry practices.
As event planners, develop a plan to ensure that your vendor is qualified to operate and meets all industry standards and practices and remain engaged throughout the process.
Negligence is a legal term concerning a failure to use reasonable care.
Usually when a negligent act occurs someone is injured or something had been damaged.
As event planners and venue/attraction operators we have a legal obligation to be familiar with and address known and foreseeable hazards that impact patrons, staff and vendors.
When a planner or operator fails to act reasonably, and an incident occurs, they might be sued.
A determination will be made by the courts regarding the planner or operator’s duty and degree of care.
We (industry professionals) are the experts, let’s rely on each other to address event, venue and attraction hazards.
By definition, liability is a legal responsibility for one’s action & omissions.
Can event planners and attraction/venue operators be held accountable for their actions or inactions?
Considering we address the why, who, when, where, & what of events (EMBOK Model), yes, planners and operators can be held responsible for the safety and welfare of others.
We are the experts after all, so we must act accordingly.
Accidents just happen, or do they?
According to Webster’s Dictionary, an accident is an unforeseen or unplanned event or occurrence.
A better description would state that accidents are typically caused.
Traditionally, there are multiple contributing factors to an accident.
The majority of which are preventable.
Do your part and identify known and foreseeable hazards and mitigate them in an effort to avoid an accident.
A near miss is an event that does not result in injury, illness, or damage – but had the potential to do so.
A near miss is an indicator of a potential or real hazard.
Event planners and attraction/venue operators should be documenting near misses in an effort to identify hazards before they claim a victim.
Be proactive and don’t wait for an accident to occur.