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There is a few guys I know that want to fight me in a "no rules" full contact fight. I'm down for it but I want to draw up a waiver of some sort so they can't come back at me and try to sue me. Can someone give me some advice on what I need to put in it? Does it have to be noterized(sp?) or checked by a lawyer?
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What are you? In junior high?
Any mutually agreed upon fight has to be sanctioned by governing bodies in the US and Canada. A fight club is illegal and you can get in big trouble if you hurt someone, regardless of whatever they may have signed beforehand. Do you really want to be sued for thousands of dollars?
Unless it's a professional fight under the auspices of a sancationed organization you will somehow wind up in trouble. Even if you fight back in self defense you can still wind up in a lot of trouble if you hurt someone, because you may have skills and they don't.
If I attacked a good fighter and he tooke me down, armbarred me from the side, and broke my arm, he would be in trouble. For excessive force as well as doing damage after I was no longer a threat.
Just don't do it. -
No I'm not in junior high, and by the way are you a lawyer or a police officer or just some guy who watches law and order twice a week and therefore thinks he has some knowlege of the law?Originally posted by Mr. Miyagi
What are you? In junior high?
Any mutually agreed upon fight has to be sanctioned by governing bodies in the US and Canada. A fight club is illegal and you can get in big trouble if you hurt someone, regardless of whatever they may have signed beforehand. Do you really want to be sued for thousands of dollars?
Unless it's a professional fight under the auspices of a sancationed organization you will somehow wind up in trouble. Even if you fight back in self defense you can still wind up in a lot of trouble if you hurt someone, because you may have skills and they don't.
If I attacked a good fighter and he tooke me down, armbarred me from the side, and broke my arm, he would be in trouble. For excessive force as well as doing damage after I was no longer a threat.
Just don't do it.
Occording to my research, in Canada when two people agree to fight each other of their own free will it is known as a "consent fight" and 99.99% of the time criminal charges would not be pressed against the individuals involved.
My question was in regards to the possibility of a civil lawsuit which, would be very difficult to persue if the individual had signed a legally binding contract stating the he would not persue legal action if he was to become injured.
Most likely if these fights were to happen it would be in a controlled environment, also there would probably be some rules, such as no groin shots, eye gouging, or fish hooking. And if i was fortunate enough to catch the guy in an arm bar I would not break his arm.
This is not some kind of "fight cub" either. I mean guys have been fighting challenge matches for a long time. Look at the Gracies, when they first came to the states they fought all kinds of challenge matches. I believe they had some sort of contract for the guy to sign.
Anyway, I've said my piece, thanks for your reply, later.Comment
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Well there is one sure-fire way not to get sued.
After you beat him, or he beats you, kill him and dump his body out in the Canadian wilderness. The only witness is you.
The End.Comment
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I don't know of any case where the Gracies actually caused a serious injury in their challenge matches, if they had broken a guy's arm then it would be different. A smart lawyer can make all sorts of claims for their client, even if the fight is mutually agreed upon. Your opponent's whole tune could change after the fight, regardless of what he signed. He could claim to be ignorant of your skill or claim not to know to what degree injury were possible; the lawyer would do anything to nullify the contract and try to get money from you. You know how many frivolous lawsuits occur each year, why put yourself in a situation where you could be in for such a headache? If you know for sure you can beat these guys without hurting them, fine. But what if you armbar someone from the guard and they keep trying to punch and won't give up? If it has to happen make sure you win by choke or by his being exhausted. It's better you lose than win by hurting him.
This has nothing to do with Law and Order. I just recommend you don't fight someone unless it is under the auspices of a sanctioned organization, whether a competition or in a training hall.Comment
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Thanks for the input dude, I know what you mean, lawyers can be a serious pain in the ass and even with a contract they can give you problems.Originally posted by Mr. Miyagi
I don't know of any case where the Gracies actually caused a serious injury in their challenge matches, if they had broken a guy's arm then it would be different. A smart lawyer can make all sorts of claims for their client, even if the fight is mutually agreed upon. Your opponent's whole tune could change after the fight, regardless of what he signed. He could claim to be ignorant of your skill or claim not to know to what degree injury were possible; the lawyer would do anything to nullify the contract and try to get money from you. You know how many frivolous lawsuits occur each year, why put yourself in a situation where you could be in for such a headache? If you know for sure you can beat these guys without hurting them, fine. But what if you armbar someone from the guard and they keep trying to punch and won't give up? If it has to happen make sure you win by choke or by his being exhausted. It's better you lose than win by hurting him.
This has nothing to do with Law and Order. I just recommend you don't fight someone unless it is under the auspices of a sanctioned organization, whether a competition or in a training hall.Comment
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hey freefaller, check your PM re: Kombat.Comment
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I've had some experience with live music venues and waivers, and we've had some younger kids sign waivers for going into the crowd and moshpit, and our lawyers tell us that waivers mean nothing.
All a person has to say was "yeah, but I didn't expect to get hurt!"Comment
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Sean, where'd that logo come from in your signature?Comment
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In the United States, you cannot sign away your rights.
I can sign all the papers I want saying that someone has my permission to shoot me in the fact. That still won't make a bit of difference when they are in front of the jury for murder.Comment
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I thought you could waive your rights anywhere...
e.g. 'you have the right to remain silent, if you choose to waive that right, anything you say.... ' etc etc... so the waiver of the right 'works'.Comment
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It's one of Pedro Sauer's. He's got another one that is the same except green on both sides. It's the patch on the back of my gi. The charicature of the 2 fighters is Pedro's trademark thingy.Sean, where'd that logo come from in your signature?Comment
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