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Law.Hut
Law.Hut, Lawyer
Category: Canada Law
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Experience:  with over 15 years experience.
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Paintball inquiry Good morning, I own a cottage which is

Resolved Question:

Paintball inquiry

Good morning,
I own a cottage which is surround by forrest both owned by me and the crown. Mulitple times a summer I invite friends and sometimes their friends up to paintball. For the most part they use equipment provided by me. We play on both private and crown land. The people who come to play pay me for the balls and air that they use. I have also started asking for an extra $5 to come and play as well as $5 if you use my equipment so that I can upgrade and expand my avaliable equipment. I went onto a professional paintball website and took their waiver form and tailored it to (I believe) cover me in the event of an accident (I can provide this to you if you wish to look at it). Since I am doing this as recreation out of my cottage, I don't have any licences or anything else like the professional fields have.

My question is, do I have to do anything else in order to ensure that if someone becomes injured my family and I will not be successfully sued or is the waiver and release form enough for this?

If it is not enough, what else do I need to do and how would I go about doing it?
Submitted: 9 months ago.
Category: Canada Law
Expert:  Law.Hut replied 9 months ago.
Hello:

The primary defence if someone is injured in such an activity is that they voluntarily assumed the risk that is inherent with such a sport or activity. So you can further your protection from liability by ensuring that anyone participating is aware of the potential risk ( such as from falls, collisions, or whatever) and that they are assuming all responsibility for such risk. The waiver you have may already spell out such language, but you can expand on that by things such as signage stating that all players play at their own risk, or a verbal reminder to them at the outset or on getting their equipment. You could also give a brief lecture or have a pamphlet or so on to all players outlining potential risks, or a safety lecture or video or pamphlet on how to play the game safely or what risks should be avoided or minimized.

And you have to ensure that you are still it negligent, as a waiver is not 100 per cent effective if a person is injured due to your negligence. So you want to ensure the equipment is working properly and there are no obvious dangers on the property that you do not give an appropriate warning about. (So if you knew about amRotten tree for example that should not be used for cover, you should remove it or warn of it, and failure to do so leaves you open to some risk of being sued successfully despite a solid waiver.
Customer: replied 9 months ago.

Okay thank you.


 


The waiver I have is just one that I have taken from another paintball field's website and doctored. Does it need to be looked at and then approved/made legitimate by a lawyer or is it applicable as long as the participant signs it?


 


Is the waiver still effective if some becomes injured while playing on crown land?


 


Just want to confirm that I do NOT need a license or insurance in order to have people up to play as well as make $5-$10 per head.


 


 

Expert:  Law.Hut replied 9 months ago.
Yes, it would be wise to have a lawyer review the waiver to make sure it applies to your situation. But that is not mandatory and it could certainly be effective if signed by any participant. I cant say for sure without seeing it. And we can not give legal opinions on this site.

Yes, the waive would remain effective even if a person was injured on Crown land, as you could otherwise still have liability regarding the equipment.

Insurance is never mandatory so no, it is not required. And as far as a licence, you may need to have a business licence if that is required by the municipality or region where the cottage is located. I doubt very much there would be any consequences if you do not bother given the scale of what you are talking about though. It would not impact on any issue of liability for personal injury.
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Category: Canada Law
Satisfied Customers: 6070
Experience: with over 15 years experience.
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