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DonnieK

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Everything posted by DonnieK

  1. 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. 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. 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. 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. 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. 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. 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. 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. 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. http://www.blackdiamondequipment.com/en-us/shop/climb/technical-ice-tools/spinner-leash
  12. 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. 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. Is the via ferrata setup static or dynamic?
  15. I dislike glacier glasses and prefer good wrap around sunglasses. I have a pair of GG and a set of crampons you can have for free if they work for you. What kind of boot setup do you have - do the have heel and/or toe welts for crampons?
  16. There other options besides Ouray, especially if you are going the guided route. Try guides in the Canadian Rockies - Yamnuska comes to mind. I'm not a big fan of Ouray, so I'll always recommend going somewhere else.....personal preference I guess....but it'd be hard to beat the C. Rockies for setting and experience.
  17. So doesn't anyone else find this a bit suspicious? What's the history of your climbing gear? Why do you have two brand new gri-gris? Maybe its perfectly innocent, but its also reasonable to think this is suspect.
  18. Hey josh, what kind of boots do you have? Do they heel and/or toe welts? What size boots? I might have some crampons for you.
  19. You all are sure trashing skisports. And maybe he deserves it - i'm certainly not going to defend him. However...if those dudes with their tat-harnesses and hip belays had gotten hurt, you'd all be talking shit about them and how f-ing stupid they were to climb in that particular "style", instead of defending their "freedom".
  20. Ummm, there's a very good reason you can't find any recent TRs. You experienced that reason firsthand....the mountain is currently a pile of choss. Live and learn.
  21. Where was the rap station? I know of only one (i'm sure there are several) that desperately needs new bolts (On the to-do list this winter)
  22. That doesn't look like recreate...did you change crossfit gyms again?
  23. So how is Europa? Is it getting enough traffic to be clean, enjoyable?
  24. Text of the Fourth Amendment of the US Constitution: "The right of douchebags to be secure in their backpacks against having to check them when entering retail outdoor establishments, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the backpack to be searched, and the douchebag and his backpack to be seized." Wow, I didn't realize until just now that the 4th amendment protected douchebags from having to check their backpacks at FF.
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