Originally Posted by
Chris Herzog
Jon just so you understand waiver are NOT full proof. They are just a consideration in legal matters.
...and just so I'm not misunderstood, if the doctor came back and said "no", I'd feel for the guy. However those of us that have been in the game a long time understand what could happen and we know more than the doctors when it comes to what the student will be subject too, they are just going off a bare boned basic understanding of what we do, leaving the instructor with full cupability. That is not something I'm willing to shoulder. I live with (as does my wife and some extent my students)the damage I've done to myself over the years, I'm not going to be responsible for allowing it to happen to someone else.
A waiver isnt of course fool proof, but it is pretty darned solid against litigation regarding things that are likely to happen in a grappling class. The grey area of a waiver is usually regarding neglect or reckless behavior with regard to an instructor. A guy who goes into a grappling class, with rods in his back, reads and signs a waiver knowing its physical if pretty much legless legally.
My point, and I should think everyone's is to get the guy's doctor to clear him for his own health and well being. But I would agree in the litigious climate of today's USA, it doesnt hurt to be careful.
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