liability release form

Kathyp · July 09, 2007, 01:49:12 PM

anybody use one and have a good one they'd like to share?

i just got a call from a woman about removing bees and had to turn her down. it sounded like a messy job on a really nice house. i don't want to get into that, but it occurred to me that any job should probably be accompanied by some kind of release form.

gunny · July 09, 2007, 03:21:41 PM

My regular occupation is emergency generator systems, all sizes, mostly commercial. Was at a residential last week doing a routine and the home owner mentioned bees, had my interest right away. He pointed out where bees were coming and going, looked like a large and very active hive, about 30' up near the top of a rock chimney. From what I saw, they were coming and going in a hole/crack about 5' from the top. Think they were in a void in the rock, not in the area that passes the smoke. He mentioned that a couple of bee keepers, one of which I know well, had came by and took a pass, advised him to get an exterminator. I mentioned that I liked honey and went back to the generator. That would be a tough one, not sure how one would get them out of the chimney, not to even think about trying to do that off of a ladder. Some you have to just pass up. If it were me, I'd probably leave the original hive right were it was at, kind of leave it for seed, and be sure to have a few swarm traps out every spring to catch what I could.
Yes, good idea to have a hold harmless waiver before starting anything. Might even have a liar, err, I mean lawyer take a look at it before using it.

doak · July 09, 2007, 06:31:57 PM

Yes, One would be good to have.
Also, I told this one Lady what I would have to be done and that she would have to get a carpenter to redo the wall. She didn't like that one bit. The siding was from an old house that had been built over 100 years ago, and I knew what would happen to the planks. I told her that and she had a fit.
I told her I could not do the job.
Never did check back to see what happened but one day in passing I noticed new siding on the house.
doak

Moonshae · July 09, 2007, 07:41:03 PM

From what I know about other types of "legal" obligation forms (I volunteer with greyhound rescue, and they reserve the right to remove a dog from an adoptive home if care is substandard), these forms will not likely hold up in court, but you could bluff your opponent into settling prior to that.

IMHO, unless you have a lawyer review the document and a notary verifying the signatures, these are a feelgood measure that may bluff most clients, but someone who is determined to go to court will likely win.

IndianaBrown · July 10, 2007, 01:07:59 AM

Quote from: Moonshae on July 09, 2007, 07:41:03 PM
From what I know about other types of "legal" obligation forms (I volunteer with greyhound rescue, and they reserve the right to remove a dog from an adoptive home if care is substandard), these forms will not likely hold up in court, but you could bluff your opponent into settling prior to that.

IMHO, unless you have a lawyer review the document and a notary verifying the signatures, these are a feelgood measure that may bluff most clients, but someone who is determined to go to court will likely win.

I agree with you Moonhae. But it is nice to have something signed that clearly states the intent, just to set expectations if nothing else.

I had a lawyer look over my 'disclaimer' that I use for trap outs. She basically said that while it is not written in 'legalese' a judge would most likely approve of it because the intent is clear.
http://forum.beemaster.com/index.php?topic=8354.0

Kathyp · July 10, 2007, 10:53:05 AM

thanks, i guess i missed that conversation

.

i am doing one today, but i think it just involves a rubbish can in the back yard. she thinks they are honey bees!!

Kathyp · July 10, 2007, 10:19:04 PM

my can retrieval ended up being yellowjackets :-(

Kirk-o · July 10, 2007, 10:34:05 PM

In California to do a cut out legally you need a license.You need a contractors license or a exterminators license.To contract work you need a licence.I have had people ask me to cut out because the exterminators estimate was very high.One lady I was painting for had bees in the chimney.The cost was 750.00
the exterminator came and sprayed them Killed them.Came two days later to cut them out and fill the opening with cement.I have talked to a person who had them in the wall the house smelled like honey.I put a glass on the wall I could hear them buzzing on all the interior wall on the south wall he said he had lived there for 17 years and they have always been there he said the estimate was over 17 thousand dollars,Could I coach them out.He said that he was told all the exterior sising would have to be removed.One exterminator suggested he tent the house like exterminating termites.He was afraid the honey would seep in the house it was a mess.
kirko

JP · July 10, 2007, 10:52:53 PM

I of course am a beekeeper, but I'm also an exterminator. Most all of my removals are live removal transfers. Sometimes I am embarrassed to be in the pest control field because of the stupidity I run into quite often concerning the ignorance or and wrong doing by non-knowledgeable exterminators that have no business whatsoever being anywhere near a honeybee hive. I am the guy who is called in after my competitors have blotched the job, taken good people's money and made my job that more difficult.

KONASDAD · July 11, 2007, 10:48:31 AM

I asked the same question in "removal " forum months ago. Robo sent me his release as an attachment. I didn't save it on this computer or would post. I liked it in that it explained the process of removal, responsibilities of parties and what was not done; repair hole.