Liability waiver for friendly picking

[abroxis]

Sometimes we are asked to help out by picking a "friends" lock.

In some places this is 100% illegal due to legislation regarding locksmiths and what constitutes doing locksmith work.

Picking an actual lock in use as a locking device is seen by some in the locksports community as a big no no.

Sadly there is the possibility that you will get unfairly blamed for damaging the lock . Many locksmtihs can tell you horor stories how some people unfairly blame locksmiths of damaging a lock or being responsible for some problem that arises long after the lock was worked on.

When there are breakins, especially when bumpkeys are used, the fact that somebody around is known to be a lockpicker has sometimes led to alligations that caused major hassle.

In any case sometimes a liabiltiy waiver can be usefull. There are a number of these for working locksmiths but here is a work in progess that I throw out for comment.



I agree to help you to the best of my ability subject the the following conditions.

You understand that I always refuse to assist anyone with lockopening without this signed agreement.

You agree not to blame me for any damage from lack of skill, knowlege and/or due to defective lock hardware.

You promise that you have the legal right to request help with unlocking a lock where the key is not available and that you give me permission to use my skills to assist you by my unlocking the lock.

You understand that this is not a business transaction and that there is no expectation of professional skill or liability, and that I am acting purely as a "Good Samaritan".


Name ________________Phone ________________

Address ____________________________________

City___________________ Zip/Postal Code________

Signature ____________________________________



Signature Witnessed by _______________________________________

[abroxis]

Legally this waiver will protect you about as much as it will protect you from a shotgun blast.

Maybe it can be used to persuade someone to back off and not sue you.

In Canada the criminal code has section 363 which requires lockpicks to be licensed. There are simmilar laws in the US.

A check of the legal research databases will show that there are a number of incidents where the possesion of lockpicks caused major hassles for both adults and non adults. Some involved bumpkeys .I am refering to both criminal and civil court cases.

"no good dead goes unpunished" and yes I can sound am paranoid but I can back up what I say with actual facts.

Some peoples locks are total crap. You pick it using all the skill in the world and the damm thing breaks or jams up for good.

People sometimes damage their locks (opening a locked car is common) and then call a locksmith so that they can blame someone and not have to pay for damage they caused.

The doctrin of Good Samaritan is a legal concept that in some places people who help out to the best of their ability can not be held liable for mistakes if common sense is used.

[abroxis]

AUTHORIZATION FOR LOCKSMITH SERVICE
I hereby certify that I have the authority to order the lock,
key, or securitywork designated on the reverse side. Further,
I agree to absolve the locksmith who bears this
authorization from any and all claims arising from the performance
of such work and/or not to hold him or her responsible
for any reason whatsoever.
Name ________________Phone ________________
Address ____________________________________
City___________________ Zip/Postal Code________
Employed by_________________________________
Address ____________________________________
City___________________ Zip/Postal Code________
Phone ________________Date________Time______
I am the person who called the locksmith to perform the
work described on the reverse side of this authorization.
Signature ___________________________________


DESCRIPTION OF WORK COVERED BY AUTHORIZATION ON REVERSE SIDE
Main Entrance Open Lock(s)
Front Door Secure Premises
Side Fit Keys
Rear Install
Hall Remove and Replace
Inside Master Key
Window Re-pin
Closet Change Comb
Safe Clean/Lubricate
Patio Door Adjust
Other


If Auto
YEAR COLOR
MAKE LIC
MODEL

Job Address (if different from person signing this

Here is a version by "Engineer" from an other lockie site
It has been released as freeware

Locksmithing_Form_V1_5.JPG

[magician59]

I have locksmithed for 40 years. I've never been asked to provide proof of insurance or bond; have never been sued for breaking a customer's lock(s); and have never needed any kind of liability waiver.
This doesn't imply that there isn't a need for insurance and waivers; but understand that most of the time, when people call for lock service, they are more interested in solving a problem, than getting someone in trouble.

[bouncer965]

I have locksmithed for 40 years. I've never been asked to provide proof of insurance or bond; have never been sued for breaking a customer's lock(s); and have never needed any kind of liability waiver.
This doesn't imply that there isn't a need for insurance and waivers; but understand that most of the time, when people call for lock service, they are more interested in solving a problem, than getting someone in trouble.

Whats insurance prices like for locksmithing ?

[elbowmacaroni]

The licensing and possesion of lockpick laws vary greatly here in the states. You should check your local laws regarding this. I know if FL at least you do not need to be licensed, nor is mere possesion of picks proof of intent (unless, of course, you broke some other law, got caught, and have picks on you... then magically regardless of the law broken, you have proven intent and they'll tack on possession of burglary tools (or something similar to that effect, I forget the exact nomenclature used here.)

Food for thought anyway...

-Elbow

[magician59]

Texas has a licensing law that is the second toughest in the US. Right behind Illinois. I heard in Chicago, they look at your elementary school record. "I see that you were sent to the principal's office for chewing gum in the first grade...licence denied!"
I believe the minimum insurance coverage required in Texas is $1M.

[HallisChalmers]

I have locksmithed for 40 years. I've never been asked to provide proof of insurance or bond; have never been sued for breaking a customer's lock(s); and have never needed any kind of liability waiver.
This doesn't imply that there isn't a need for insurance and waivers; but understand that most of the time, when people call for lock service, they are more interested in solving a problem, than getting someone in trouble.

I think we're straying from the original concept of Abroxis' original post. The issue he is addressing - is a circumstance in which a hobbyist or otherwise non-professional, opens a friends lock.

If you are a licensed locksmith, naturally you are covered under color of law by your certificates of insurance, state license and/or bonding authority.

But I think what Abroxis is postulating - is what does a non-licensed, non-insured, non-bonded hobbyist do when asked to open a friend's lock?

How much of a legal jam is he in if the "friend" decides to sue you aka Joe Shit-The-Ragman, for damages to his $5000 french doors? Which is why the concept of the liability waiver is brought up.

Personally, I deal with liability waivers on a regular basis in my line of telecommunications work. And usually, the indemnification and liability language in most agreements is fairly stiff. Lawyers generate thousands of dollars fighting over this language - which is basically just screwing rights.

E.g. Company A wants the right to screw Company B royally if it screws up - but Company A doesn't want to be screwed by B if it screws up. There's the paradigm.

That's where the lawyers step in to make sure everybody gets screwed in equal proportions.

But in Abroxis' scenario how does the hobbyist lockpicker protect himself?

Easy. He just doesn't pick somebody else's locks. No need for waivers, insurance, bonds, letters of indemnification, etc. If it ain't yours - don't screw with it.

My feeling is that if you are a hobbyist - you have no need for a waiver, since your are not a licensed locksmith. But by asking someone to sign a waiver - you've just sent up a huge red flag.

Put yourself in the other guys shoes. You've locked your keys in the house and ask your neighbor for help. He says, "Yeah, sure..but first sign this waiver"

WTF, over?

I'd tell him to FOAD.

See in my mind - that waiver request just elevated you in my sights from a guy with a hobby - to a potential adversary that might screw up my door and then bail on me.

It's easier to say, " Hey, wish I could help bro - but that lock is too tough for me." Better to feign stupidity than go jogging through a minefield with snowshoes.

[magician59]

[color=#BFFF00]
I think we're straying from the original concept of Abroxis' original post. The issue he is addressing - is a circumstance in which a hobbyist or otherwise non-professional, opens a friends lock.

I know I sometimes come across as a braggart in my posts; but the point of my response was meant to be that most folks don't care about legal liability when they're locked out of their cars or houses. If they did, a lot of grocery baggers would be named in law suits.