Legal Question in Personal Injury in Texas

I volunteer for a non-profit and we will be hosting a carnival to raise funds. We are hiring multiple vendors (bounce house vendor, petting zoo, etc.). Can we use one liablity release form to cover all events/activities/vendors?


Asked on 10/22/12, 2:01 pm

1 Answer from Attorneys

EDWARD KAZALEH KAZALEH & ASSOCIATES, LLP

While you are hosting a carnival, you are essentially running a non-profit "business" since you are not just hiring an insured, bonded professional, trained, safety trained OSHA compliant carnival vendors.

As such, your organization and its directors personally may well have substantial liability for any injury due to negligence or unsafe conditions. There is no "Form" liability release by which you can make yourselves bullet-proof, period. Those "releases" are mostly not worth the paper they are written on and will not be upheld in Court. If reality, if you use the form to think that you are so immune that you choose not to uphold minimal levels of safety and as such ignore dangerous condition, you may well find that form will be used in Court as an exhibit against you showing you decided you did not have to or chose not to provide a safe environment while you all are being sued!!

You really need to consider setting up a protective corporate structure to shield your management, getting only reputable insured vendors, and buying your own insurance policy!

The property holder where you are holding the carnival should also get separate insurance and written agreement with you for his own protection. Many many children are seriously hurt, disabled, or die as a result of such operations.

I may be able to help you pro bono if you wish to get real and deal with this matter properly.

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Answered on 10/22/12, 7:49 pm


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