Liability As A Practitioner

[followyourmap]

Hello again!

I am wondering about Liability as a practitioner and your suggestions on how to protect yourself from a lawsuit whilst using the SRC.

Thanks and Much Love~!
Corey

[David Harris]

Laws are different in each state. So check you local laws for teaching/practicing Martial Arts professionally. You can even get Martial Arts liability insurance to cover you professionally.


For doing an energy balancing session on a client with the SRC software, one of the main things to remember is that you never touch them. Which the SRC does not touch them, of course. So as long as you are not making claims about what it can do for them i.e. cure something or diagnose something then you should be fine. I do recommend the insurance though.

1. Certification to teach Qi gong or Martial Arts
2. Business licence (if required in your area)
3. Insurance coverage (good idea)
4. Make no health claims

5. Remember the SRC4U software is a "Qi gong Enhancing Software". It does not diagnose or treat ANY form of illness. Practising Qi gong it's self has many health benefits but takes a long time to learn and master. The SRC4U software is made to help the students/masters of Qi gong and their students with their practicing of the Qi gong style arts.


But, again check your local and state laws.

[followyourmap]

Thank You for that. In your opinion how effective is a disclaimer in preventing legal liability if someone decides to pursue legal actions. I like the idea of insurance.

Also so the original "noisy cricket" SRC technique will put you past the "no touch" boundaries.

Is it okay to have testimonials that state health claims being that they are personal experiences?

As always thank you for your guidance and assistance.

--Corey and Brandye

[constance]

What is the 'noisy cricket' technique???Thanks

[David Harris]

Dec 28, 2010 11:26:27 GMT -5 followyourmap said:

Thank You for that. In your opinion how effective is a disclaimer in preventing legal liability if someone decides to pursue legal actions. I like the idea of insurance.

Also so the original "noisy cricket" SRC technique will put you past the "no touch" boundaries.

Is it okay to have testimonials that state health claims being that they are personal experiences?

As always thank you for your guidance and assistance.

--Corey and Brandye

It is true that the "Noisy Cricket" technique would put you over the no touch rule. But it is not the SRC4U software. That technique is a Martial Arts based technique, specifically Shen Shen Tao Martial Arts. So, it would be a good idea to be a certified Martial Arts instructor with a business license and insurance and you should be covered just fine.

As far a disclaimer goes, in Martial Arts we usually use waivers. Some people will tell you they are not worth the paper they are written on and that any good lawyer would make short work of one (disclaimer or wavier). But that is a not true. Although nothing is ever set in stone. If I had to defend myself in court, I would much rather have a legally signed statement/document from the person saying they had relieved me of any all liability etc. etc. than not have anything other than my word verses their word.

If disclaims and waivers don't work to protect you at least to a certain degree. Then why are they everywhere and on everything? LOL

[David Harris]

Dec 28, 2010 11:59:07 GMT -5 constance said:

What is the 'noisy cricket' technique???Thanks

LOL. That is a nickname for the Nei Gong Hwa Jing (finger squeezing) technique for Emotional, Spiritual, Physical clearing.

[followyourmap]

Oh! just thought of another question regarding waivers!

Do you know of any software online that you can have them sign a waiver electronically?

Is posting a disclaimer on the website without the ability for an individual to sign pretty much a pointless act. Or can you say something like "by pressing this button you agree to the disclaimer and terms of use".

[David Harris]

Dec 28, 2010 18:56:57 GMT -5 followyourmap said:

Oh! just thought of another question regarding waivers!

Do you know of any software online that you can have them sign a waiver electronically?

Is posting a disclaimer on the website without the ability for an individual to sign pretty much a pointless act. Or can you say something like "by pressing this button you agree to the disclaimer and terms of use".

Yes, a software style liability wavier is good legal protection.

But like I said before, "Nothing is ever set in stone or Iron clad"

[followyourmap]

Gotcha! Any suggestions of a good software liability waiver??

[David Harris]

Below is an example of a general Martial Arts Liability Waiver





Release and Waiver of Liability and Indemnity Agreement
(Read Carefully Before Signing)

In consideration of being permitted to participate in any way in the Martial Arts Program indicated below and/or being permitted to enter for any purpose any restricted area (here in defined as any area where in admittance to the general public is prohibited), the parent(s) and/or legal guardian(s) of the minor participant named below agree:

1. The parent(s) and/or legal guardian(s) will instruct the minor participant that prior to participating in the below martial arts activity or event, he or she should inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant should immediately advise the officials of such condition and refuse to participate. I understand and agree that, if at any time, I feel anything to be UNSAFE; I will immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further.
2. I/We fully understand and acknowledge that:
a. There are risks and dangers associated with participation in martial arts events and activities which could result in bodily injury partial and/or total disability, paralysis and death.
b. The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.
c. These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the Releasees named below.
d. There may be other risks not known to us or are not reasonably foreseeable at this time.
3. I/WE accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releasees named below.
4. I/We HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the martial arts facility used by the participant, including it owners, managers, promoters, lessees of premises used to conduct the martial arts event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions or instructions to engage in risk evaluation or loss control activities regarding the martial arts facility or events held at such facility and each of them, their directors, officers, agents, employees, all for the purpose herein referred to as “Releasee”…From all liability to the undersigned, my/our personal representatives, assigns, executors, heirs and next to kin For any and all claims, demands, losses or damages and any claims or demands therefore on account of any injury, including but not limited to the death of the participant or damage to property, arising out of or relating to the events(s) caused alleged to be caused in whole or in part by the negligence of the releasee or otherwise.
5. I/We HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
7. On behalf of the participant and individually, the undersigned partners(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite the release, the participant makes a claim against any of the Releasees, the parents(s) and/or legal guardian(s) will reimburse the Releasee for any money which they have paid to the participant, or on his behalf , and hold them harmless.

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WTHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

Martial Arts School : (Your Name and Name of Your Martial Arts School Here)

Student/Participant Signature ____________________________________

Parent or Guardian Signature (if minor) ____________________________________

Printed Name of Participant _______________________________________________

Address of Participant ____________________________________________________

Received by _____________________________________________________________
Registrar Signature Printed Name Date

[followyourmap]

Awesome! Your help is greatly appreciated! I was wondering about a software to host this so people can electronically sign it. So that the process takes place only over the internet. Do you know of any Internet Software or Programs that have this capability to make the process easier?

Much Thanks
-Corey

[David Harris]

Dec 28, 2010 21:45:12 GMT -5 followyourmap said:

Awesome! Your help is greatly appreciated! I was wondering about a software to host this so people can electronically sign it. So that the process takes place only over the internet. Do you know of any Internet Software or Programs that have this capability to make the process easier?

Much Thanks
-Corey

Any good web guy should be able to do it in a snap.

[followyourmap]

I am actually building my website myself using an online website builder. Unfortunately the one I am using does not support interactive forms ( I have to choose between forms or a shopping cart lol decisions decisions). I am going to need to find an outside source to host a waiver or learn how to use Dream Weaver.

[followyourmap]

Hey!
Quick Question on the Martial Arts Liability Waiver that you provided. It is pretty different in wording than the ones used in older devices. Since we are providing martial arts services the above mentioned type of waiver is the way to go? There is no need to go any deeper than that? Thanks for the input.

As always, Much Love!
-Corey

[David Harris]

Jan 3, 2011 23:26:09 GMT -5 followyourmap said:

Hey!
Quick Question on the Martial Arts Liability Waiver that you provided. It is pretty different in wording than the ones used in older devices. Since we are providing martial arts services the above mentioned type of waiver is the way to go? There is no need to go any deeper than that? Thanks for the input.

As always, Much Love!
-Corey

It is a Martial Arts thing. That should be the end of it professionally.

God Bless.