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  1. #1
    Join Date
    Sep. 8, 2005
    Location
    Georgia
    Posts
    519

    Default ? for trainers & law savvy: Hold Harmless Forms & Spring cleaning....

    In a very vain attempt to clean up my barn office (DD of 2 has ruined it!) I was looking through old paperwork.

    Set up: I keep all hold harmless/liability release forms from all former clients just in case I need it down the road (ya know, for a potential "I fell off two years ago and that back pain just never went away and it's all your fault" situation). Perhaps a bit paranoid, but I've learned the hard way to cover my rear in all situations.

    Question: how long should I keep them?

    I usually keep them for three years as I assume that is the statue of limitation. But I just realized I've based that on the date of signing, not from their last lesson/day at the barn. DOH! So I think I need to date the top of each form with the last lesson/etc. and do three years from there.

    Thoughts? Advice?

    TIA!



  2. #2
    Join Date
    Dec. 18, 2007
    Location
    NJ
    Posts
    405

    Default

    Depends what state you live in and what kind of injury/what happened. This should help! http://www.statutes-of-limitations.com/ You can click on each state and see each one
    Twenty years from now you will be more disappointed by the things you didn't do than by the ones you did. Explore. Dream. Discover.
    ~Mark Twain



  3. #3
    Join Date
    Jul. 6, 2005
    Posts
    1,139

    Default

    Again, depending on the state you are in, the statute of limitations may not even start to run on an injury to a kid until he or she becomes an adult.

    Just a little something to remember.



  4. #4
    Join Date
    Aug. 4, 2005
    Location
    North Salem, NY
    Posts
    305

    Default

    also, keep in mind that hold harmless forms should be resigned yearly.



  5. #5
    Join Date
    Feb. 1, 2001
    Location
    Finally...back in civilization, more or less
    Posts
    11,437

    Default

    I would keep current year copies on file in the office. The older ones, I would scan and save as pdf files on the computer, where they will not take up space in your office. Then you can keep them more or less forever, if you want to.
    **********
    We move pretty fast for some rabid garden snails.
    -PaulaEdwina



  6. #6
    Join Date
    Sep. 8, 2005
    Location
    Georgia
    Posts
    519

    Default

    Quote Originally Posted by HunterJumperLuv View Post
    also, keep in mind that hold harmless forms should be resigned yearly.
    Seriously? Wow.
    i don't think I signed a hold harmless until I was, like, 16. What has this society come to?



  7. #7
    Join Date
    Jun. 12, 2007
    Location
    Westchester County, NY
    Posts
    5,716

    Default

    Definitely get them signed yearly, but don't throw the old ones out. Also, make sure both parents sign for anyone under 18.



  8. #8
    Join Date
    Jul. 6, 2005
    Posts
    1,139

    Default

    Quote Originally Posted by englishivy View Post
    Seriously? Wow.
    i don't think I signed a hold harmless until I was, like, 16. What has this society come to?
    Without guessing at your current age - we are a more litigious society than before.

    AND any hold harmless signed by a minor isn't valid in most states, any way - the best you can hope is to have one where the parents agree to "indemnify, defend & hold [you] harmless" if their kid's insurers sue you . . .

    It's not your trainees you need to worry about some times - it is their health insurers, looking to recoop their losses . . .

    And that's not meant as a slam at insurers - just a realistic look at the cost of doing business . . .

    Hopefully, you work in a state with an equine liability-limiting statute.



  9. #9
    Join Date
    Mar. 21, 2007
    Location
    Maryland
    Posts
    200

    Default

    And don't forget, when you have parents sign for their minor children, to get the kids to sign a new form when they turn legal age. They need to sign for themselves at that point.



  10. #10
    Join Date
    Sep. 8, 2005
    Location
    Georgia
    Posts
    519

    Default clarification

    No, no, no, I should have said a hold harmless was not presented to my parents to sign until I was around 16. Or course I signed them after I turned 18, but that was b/c I was at college and doing things sans parents more than me being an "adult". I very much understand that minors can't sign them, or any contract, for that matter.

    Can someone explain to me why it should be resigned every year? I'm not arguing the concept, just want to understand the rationality behind it. Also, is it every calendar year or fiscal year (that's Dec 1st, I believe) or the annual date of the origional signing? Sounds like that could be a paperwork headache if you don't get a good system together.

    Thanks for all the input!!



  11. #11
    Join Date
    Mar. 21, 2007
    Location
    Maryland
    Posts
    200

    Default

    All I meant was that I almost forgot to get the kids to sign for themselves when they came of age. I had the releases on file that their parents signed for them when they were young, but didn't realize that they were invalid when they "grew up".



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