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DonnieK

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About DonnieK

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  1. Climbing Guide Legal Insurance?

    As I said - it all depends on the law of the state you're dealing with. I'm not going to give legal advice over a website, and I'm not licensed in WA anyways. However, lots of states will void an indemnification provision when it requires you (client) to indemnify me (guide) for my (guide) own negligence. Which makes perfect sense, IMO. If you (client) get hurt due to my (guide) mistake/negligence, you (client) have to pay for my (guide) defense costs, etc. if I (guide) get sued? That is illogical to me and simply adds insult to injury. However, some states will let you contract away every right you have, regardless of how ill-informed or uneducated you may be.
  2. Climbing Guide Legal Insurance?

    As a lawyer who does a lot of insurance-related litigation, I'd disagree with that to some extent - there is no such thing as a "bombproof" waiver. First, if something happens, a waiver, no matter how iron-clad it appears, will not keep you from getting sued. Without insurance, you are going to have a foot the bill for an attorney. As everyone knows, it ain't cheap. Second, in most states (and I don't know where you live, and I'm not commenting on your particular state's law), a waiver cannot release a person for liability for their own negligence. Your own negligence is basically if you screw up - something caused by your own fault. For example, if you didn't tie a knot right and someone got hurt. What that means is even if you have what appears to be an iron-clad waiver, preventing the client from suing you for any reason whatsoever (using the same example, because you didn't tie his knot right) - that waiver would be considered void to the extent it released you from liability for your own negligence and the person could still sue you for fucking up. On the other hand, a good waiver could prevent you from being liable for judgment call type things, related to weather, rockfall, etc. However, again, it will not prevent you from getting sued anyways - that's the reality of personal injury litigation. Now, I wouldn't necessarily let that stop you from doing this. There are ways to protect yourself even without insurance - like summerprophet said - take the assets out of your name. If there are no assets, even sleeze-ball lawyers might think twice about taking the case. If you do go for it, the most important thing to remember, especially if you don't get insurance - don't fuck up.... (disclaimer - this is not intended to constitute legal advice. Please consult an attorney licensed in your state if you want legitimate legal advice...blah blah blah)
  3. Climbers got fined at Iron Mtn Crag

    I put this up on a sister thread this weekend, thought I'd also post it here. Does anyone know "tymebldr"? No offense, but your posts seem suspect. "clips"? Are you even a climber? the court "made" you hire counsel? Courts don't "make" people hire attorneys. You are free to represent yourself. What was the charge? Who was your attorney? Did you plead guilty? To what? If not, was there a trial? Who else was ticketed, charged with you? You weren't climbing alone when you were ticketed at the time I assume? Who was your judge? Im not saying the fines aren't real, but this post sounds fishy - as if posted by the RR company to scare off climbers.
  4. Vapor Barriers

    That will work in cold, dry environments (i've used that successfully in Minnesota winters), but it takes a long time even then and probably wouldn't work here in the NW. I'd probably go with VB sock before I relied on this. btw, they can correct excessive sweating with surgery....
  5. Winter Climbing & Wet Clothing

    And maybe it goes without saying, but I'll say it anyways - the whole drying things out in your sleeping bag - not always a good idea if you have a down bag. The moisture will soak the down, rendering it useless.
  6. Stolen Gear -SE Portland

    for those without renters insurance....(and also for people who like Mr. T): http://kolbequityinvestments.blogspot.com/2009/10/i-pity-fool-without-renters-insurance.html Also, fyi for you with cars and no renters insurance - most major companies that sell both Auto and Renters policies will give you a discount if you get both. My discount on my auto insurance was enough to cover the renters insurance altogether - so its basically free.
  7. Stolen Gear -SE Portland

    most renters and homeowners policies cover theft from an auto. But you have to submit a police report with your claim - so make sure you call the cops. There is also usually a time limit for submitting a claim - and its not very long, usually a couple days. Make sure you get replacement value (basically retail) and not actual value if you policy covers it (most do I believe)
  8. Cloud Cap Road

    alright, alright, I formally withdraw my statement about passenger cars and clearance....those dips seemed a bit deep for a car, but we were in a truck, so it wasn't an issue for us. Here's to hoping for ice on the headwall......
  9. Stainless Steel Crampons

    I thought the conversion to stainless was kind of strange. Apparently Grivel agrees. I guess I'll try to milk another season out of my old Sabretooths to put off any decisions.
  10. BD's new crampons are stainless steel. Anyone have any experience with these yet?
  11. Self-belay set ups for soloing

    http://www.blackdiamondequipment.com/en-us/shop/climb/technical-ice-tools/spinner-leash
  12. What do you want to see climbed this Winter?

    Roger and Dylan were able to pass the high point last winter but didnt finish the route! Bring your drytooling skills! Who's got a good photo?
  13. Self-belay set ups for soloing

    If the via ferrata setup is anything like BD's new umbilicals, there is not much "energy absorption" by the bungy before you hit static webbing. The other problem is that if you are going to be cleaning and placing gear so you always have something in, you are going to be placing a lot of gear and wasting a lot of time. And what if you hit a short section that doesn't take gear? Then you are going to have to solo it anyways.
  14. Self-belay set ups for soloing

    Is the via ferrata setup static or dynamic?
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