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FrozenGate by Avery

Laser Liability Form?

Lolvo

Lolvo

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Dec 8, 2012
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To make a long story short, I'm looking for a legal waiver of liability document that applies to a Class IIIb laser product AND the use, or misuse, of that laser.

I've been looking around the web, but nothing is really coming up that I want. It can be basic, and just needs to state that the person will be responsible for any action taken with the laser, and that the liability will fall on that person alone.

Does anyone know where to find such a document?

Thanks guys
 





PM me your email i'll send you what I use. I typed it up but I take a little different approach then you do. I have them sign stating that they didn't purchase a functional laser, just parts.
 
At almost all LEMs we use these for all that attend the event , which is NOT open to the public- not sure if that will help you any...boilerplate stuff-delete the names and add you own--will for sure be better than none-- we always have a witness sign also.


A lot of sellers have disclaimers at their sales sites-ebay etc. The more you cover your ass the better IMO.

Most have something there that states by making the purchase the buyer is affirming being over 18 or 21 and that they intend to assume all liability....And will follow all safety info contained therein.
I suggest when in doubt that you ask any buyers to prove age by sendin a photo of a current valid photo ID- I tell them they may cover(with tape)any info there except age and address. copy and save..


If a child is able to get a laser and something BAD happens you will no longer be dealing with the buyer and instead with a parent or worse a law-suit hungry lawyer. Ask for a phone number- check the number with reverse look-up- make a call and find out if all info sent is true.. if you find ANY red flags you need to dig deeper.. Another source of info is Facebook- ask if they can meet you there in FB chat- see what their friends are posting- look for 'tells'-- ask questions that you already know true answers to..

this is NOT prying--
protect yourself and you will be also protecting others..

The waiver I have is on another PC-will send later-good luck- hak
 
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To clarify, there is no purchase involved. At the core, it is a gift. The real hook here is that the person in question is a minor.

Please note: I am not concerned in the least that the laser will be misused, my reasons for this are personal interaction with the person in question. Do not quote me on the dangers and legal issues associated with this - I know what I am doing. I really just need this form as more of a formality, as premonition and backup. (not trying to be an ass, I just see this coming from a few members)

Thanks mhemling and hak, that is some good information. I hope mhemling's form will work with a few tweaks - I'm not looking for anything seriously verbatim to state-by-state laws, as I said, just a formality. I will look up some forms from laser sellers themselves and see what I can find. Hak, if it eases your mind, the laser is being given away to a member of a forum that I have high influence in, and he has known the requirements since the giveaway started. This signed form is NOT the only form of documentation I am requiring from the winner.

Thanks
 
I don't think you'll have any legal protection from misuse selling to a minor, especially if the laser is illegal to sell, which is burry to me where that line is but I've read they just need safety features and that that may need to be registered with the FDA to be "legal" to sell. Don't quote me on that just really trust who you're "gifting" it to, because if someone looses some vision over it, I'd bet someone's coming after you.
 
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In this situation I would send it to the parents, that would then put it in their hands to give it to your friend... That way it puts some of the liability on the parents since they are the ones ultimately deciding the fate of thus said "Gift".
 
yup because if i kill someone with a gun its the gun makers fault and wal marts fault.. if i run someone over... its the care makers fault... if i buy a knife and shove it up my ass, its the stores fault,,

definitely not my fault.. because that would make no sense, i mean why should i be responsible for my actions ... I live in the US!
 
firelaser said:
yup because if i kill someone with a gun its the gun makers fault and wal marts fault.. if i run someone over... its the care makers fault... if i buy a knife and shove it up my ass, its the stores fault,,

definitely not my fault.. because that would make no sense, i mean why should i be responsible for my actions ... I live in the US!
Click to expand...

:crackup: That's a +1 :crackup:
 
Lolvo said:
To make a long story short, I'm looking for a legal waiver of liability document that applies to a Class IIIb laser product AND the use, or misuse, of that laser.

I've been looking around the web, but nothing is really coming up that I want. It can be basic, and just needs to state that the person will be responsible for any action taken with the laser, and that the liability will fall on that person alone.

Does anyone know where to find such a document?

Thanks guys
Click to expand...

The reason you've not found any waiver of liability document is because there are no such documents I am aware of and specific to this situation. If you are selling [which you are not] a Class 3b laser that has no FDA mandated safety features then you are violating the law. It may even be unlawful to give it away to this minor because some states have made it against the law for a minor to own a laser above 5mw [ Which states I need to fact check this again]. Now It probably won't come to any legal trouble for you or the parents, but both you and the parents should be fully aware of the potentially bothersome legalities. From an article I read and posted a link to, this site is well know to authorities as would be expected.
 
Lolvo said:
To make a long story short, I'm looking for a legal waiver of liability document that applies to a Class IIIb laser product AND the use, or misuse, of that laser.

I've been looking around the web, but nothing is really coming up that I want. It can be basic, and just needs to state that the person will be responsible for any action taken with the laser, and that the liability will fall on that person alone.

Does anyone know where to find such a document?

Thanks guys
Click to expand...

The reason you've not found any waiver of liability document is because there are no such documents I am aware of and specific to this situation. If you are selling [which you are not] a Class 3b laser that has no FDA mandated safety features then you are violating the law. It may even be unlawful to give it away to this minor because some states have made it against the law for a minor to own a laser above 5mw [ Which states I need to fact check this again]. Now it probably won't come to any legal trouble for you or the parents, but both you and the parents should be fully aware of the potentially bothersome legalities. From an article I read and posted a link to, this site is well known to authorities as would be expected.
 
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I modified a document that mhemling uses, and to me, it seems like it covered all the bases just fine. I have not heard back from the person, so we will see how it goes.
 
firelaser said:
yup because if i kill someone with a gun its the gun makers fault and wal marts fault.. If i run someone over... Its the care makers fault... If i buy a knife and shove it up my ass, its the stores fault,,

definitely not my fault.. Because that would make no sense, i mean why should i be responsible for my actions ... I live in the us!
Click to expand...

omfg i cant breathe

I just died and then resuscitated myself from my own laugher
 
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firelaser said:
yup because if i kill someone with a gun its the gun makers fault and wal marts fault.. if i run someone over... its the care makers fault... if i buy a knife and shove it up my ass, its the stores fault,,

definitely not my fault.. because that would make no sense, i mean why should i be responsible for my actions ... I live in the US!
Click to expand...

Not sure what this has to do with...anything really.
 
Kartracer00 said:
It has to do. It does...

It's definitely kind of a derail.
But if you don't take it super seriously, then its funny.
Just laugh and move on, haha.
Click to expand...

Derail away, I got the form I needed

It is also 330am for me with an ill wife, so a little fuzzy right now, lol.

Nothing a lil' bourbon can't do to put us both to sleep :beer:
 
Lolvo said:
Derail away, I got the form I needed

It is also 330am for me with an ill wife, so a little fuzzy right now, lol.

Nothing a lil' bourbon can't do to put us both to sleep :beer:
Click to expand...

Great man! Glad you got everything you needed! It's hard to get proper legal forms.

Same. Im in illinois.

And agreed. I choose vodka though ;D
 
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