Waiver to cut on Private Property

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basswidow

Minister of Fire
Oct 17, 2008
1,316
Milton GA
I found a fantastic oak tree that looks to be atleast 1 - 2 cords of good wood I'd love to get. The homeowner wants me to provide him with a waiver and copy of my DL.

Any other scroungers do such? Should I pass?

I hate to pass on a great tree. I am behind the 8-ball this year thanks to the brutal winter we had.

This oak had a hollow trunk that broke and dropped it. Main trunk is off the ground by a branch. Looks like it's been dead awhile and with any luck - might season in less than 2 years.

I guess I could pull a blank form off the internet to suffice?
 
I would sign the waiver (although I would feel awkward doing it I can see the landowners intention) but I would not provide a stranger a copy of my Drivers License, especially if all I was getting out of the deal was having to work hard clearing a tree for someone else for free and a 1 -2 cords of firewood.
 
I have one around here somewhere if you want something to use. Basically just releases the homeowner from liability if you drop a tree on your head.

edit: also has place for owner to sign that releases you from liability from anything like tearing up his yard to dropping a tree on his head because he knew better than to be near you whilst working.
 
In a similar circumstance, I was asked for the same thing. Then the landowner couldn't come up with the "waiver of liability" he said he wanted, so, to save time, i downloaded a "hold harmless" agreement from the internet. Ultimately he decided that would be good enough and he dropped his earlier demand that it be notarized. Then I went to work. No further issues.
 
I've never been asked before. I don't have a problem with the waiver - I just don't have one.

I came to the homeowner on Saturday and he said he was not going to be around and wanted to be at home when I cut it, so I came back Sunday at 1 like we agreed and he said he wasn't feeling good and didn't want to hear the saw, and spoke to his lawyer and wants the waiver and copy of my license to verify I am who I am. I figured I could show him the license. Heck - I live two blocks down the road! So he screwed my sat and sun - both days I had planned to cut it up.

I said - " hey - if you don't want me too - just say so". Taking it out will actually be a favor to him - so his kids don't get hurt on it. He said he was alright with it - but doesn't trust me (thinks his ex-wife sent me over to fake a law suit).

I am starting to think about passing on it. Shame - it's a great tree.
 
WE have some folks around here too that are really afraid to have anyone on their property thinking and fearing lawsuits. It is amazing just listening to their fears. Personally I would have no problem signing a wavier if they also signed one! Driver's license? I see no need for that, especially because you live so close. As for his fear of the ex-wife and the lawsuit, it sounds like he has some deep problems. Perhaps it might be best to pass rather than taking a chance. People with those attitudes can and will do some strange things at times. As some have said, there is always more than one fish in the ocean.
 
While each one of those things sounds totally reasonable. When you add them up it sounds like you could be getting into a situation w/ someone that is unstable and at the very least completely hated by his ex. I would have to pass on that guy for fear of what else might be going through his head that could cause you troubles.
 
Waiver - yes, license? No. If this works out and you do go cut, I suggest taking someone with you, just so you'll have a witness in case this guy trys to blame something on you.
 
basswidow said:
I've never been asked before. I don't have a problem with the waiver - I just don't have one.

I came to the homeowner on Saturday and he said he was not going to be around and wanted to be at home when I cut it, so I came back Sunday at 1 like we agreed and he said he wasn't feeling good and didn't want to hear the saw, and spoke to his lawyer and wants the waiver and copy of my license to verify I am who I am. I figured I could show him the license. Heck - I live two blocks down the road! So he screwed my sat and sun - both days I had planned to cut it up.

I said - " hey - if you don't want me too - just say so". Taking it out will actually be a favor to him - so his kids don't get hurt on it. He said he was alright with it - but doesn't trust me (thinks his ex-wife sent me over to fake a law suit).

I am starting to think about passing on it. Shame - it's a great tree.

PASS!!!!!!!

This one has "Trouble" written all over it . . .
 
I am passing on that one too. Sounds like some mental issues brewing that you don't need to be a part of.
 
Usually I have no problem with the waiver. He is doing a CYA thing. I would have no problem showing him my license but not giving him a copy. I would also want a hold harmless on damage to lawn. Contacting his lawyer? That raises a red flag, unless his lawyer is a friend/family member of course.

Shawn
 
shawneyboy said:
Usually I have no problem with the waiver. He is doing a CYA thing. I would have no problem showing him my license but not giving him a copy. I would also want a hold harmless on damage to lawn. Contacting his lawyer? That raises a red flag, unless his lawyer is a friend/family member of course.

Shawn
I'm not super worried about the "contacted my lawyer" thing. I hear that from people all the time. It's usually not true. They just say it so that they sound like they are on top of those things.
 
firefighterjake said:
basswidow said:
I've never been asked before. I don't have a problem with the waiver - I just don't have one.

I came to the homeowner on Saturday and he said he was not going to be around and wanted to be at home when I cut it, so I came back Sunday at 1 like we agreed and he said he wasn't feeling good and didn't want to hear the saw, and spoke to his lawyer and wants the waiver and copy of my license to verify I am who I am. I figured I could show him the license. Heck - I live two blocks down the road! So he screwed my sat and sun - both days I had planned to cut it up.

I said - " hey - if you don't want me too - just say so". Taking it out will actually be a favor to him - so his kids don't get hurt on it. He said he was alright with it - but doesn't trust me (thinks his ex-wife sent me over to fake a law suit).

I am starting to think about passing on it. Shame - it's a great tree.

PASS!!!!!!!

This one has "Trouble" written all over it . . .

Totally. As Jay would say...RUN Forrest RUN!!! Too many things involved when its a domestic sitch.Lots of other 'free' wood out there with no baggage.
 
I'd Pass. It sounds like you tried and is more trouble than its worth. Danno77 I would greatly appreciate a copy of the forms you have with the owners release. I found a place with a downed tree to cut but the guy also asked if I could take down a 30' dead tree. It's in an unused mowed area and its going to leave some nice size divets if I drop it.
 
basswidow said:
I've never been asked before. I don't have a problem with the waiver - I just don't have one.

I came to the homeowner on Saturday and he said he was not going to be around and wanted to be at home when I cut it, so I came back Sunday at 1 like we agreed and he said he wasn't feeling good and didn't want to hear the saw, and spoke to his lawyer and wants the waiver and copy of my license to verify I am who I am. I figured I could show him the license. Heck - I live two blocks down the road! So he screwed my sat and sun - both days I had planned to cut it up.

I said - " hey - if you don't want me too - just say so". Taking it out will actually be a favor to him - so his kids don't get hurt on it. He said he was alright with it - but doesn't trust me (thinks his ex-wife sent me over to fake a law suit).

I am starting to think about passing on it. Shame - it's a great tree.

Run forest run! lol
 
It's a difficult issue for landowners, too. One problem is that the waiver sometimes doesn't stand up in court. Also, many states have RECREATIONAL USE of land statutes that are supposed to protect landowners from liability, but they often have loopholes that leave the landowner unprotected.

My parents used to have hunters, ATV riders, and wood cutters on their farm, but the last couple decades saw that being curtailed because of potential liability. The only wood cutters allowed on the farm now are a couple of people I know really well, and they must cut with me and must wear their PPE.
 
It all falls onto the laps of the Lawyers that have made this country a legal mess. No longer is anyone held responible for their own actions, it is always someone elses fault. And it is always about who can be taken from; the one with the money is the target. Not gettin' any better either.
 
Jack Wagon said:
I'd Pass. It sounds like you tried and is more trouble than its worth. Danno77 I would greatly appreciate a copy of the forms you have with the owners release. I found a place with a downed tree to cut but the guy also asked if I could take down a 30' dead tree. It's in an unused mowed area and its going to leave some nice size divets if I drop it.
Check your messages.
 
I signed one at a scrouge a few years ago. Felled tree's for a swimming pool install. Landowner asked me to sign what looked like a homemade damage or injury release so I did at the end of the 4th day or so, job was 2/3rd's done. He then asked me to call before I came back again. I called him to make plans finish up a day or so later and he said the rest was gone, BIL took it. I did get close to 3 cords of oak so it wasn't a total loss.

I would show ID but not leave a copy. You can always ask for their ID as well.

Most people are happy to let someone clean up cut or fallen tree's and won't hassle someone who is doing it for free. Proceed carefully. Read it carefully before you sign.
 
i never weighed in on the ID. I'm with others, show ID to confirm your signature and to confirm that you are who you say you are. Under no circumstances should you leave them with a copy of your ID. Write down whatever contact info you feel is necessary, then they can confirm it with what your ID says if they need to. You don't need people having your DL #, etc.
 
pass... he messed up a good thing.
 
Thistle said:
firefighterjake said:
basswidow said:
I've never been asked before. I don't have a problem with the waiver - I just don't have one.

I came to the homeowner on Saturday and he said he was not going to be around and wanted to be at home when I cut it, so I came back Sunday at 1 like we agreed and he said he wasn't feeling good and didn't want to hear the saw, and spoke to his lawyer and wants the waiver and copy of my license to verify I am who I am. I figured I could show him the license. Heck - I live two blocks down the road! So he screwed my sat and sun - both days I had planned to cut it up.

I said - " hey - if you don't want me too - just say so". Taking it out will actually be a favor to him - so his kids don't get hurt on it. He said he was alright with it - but doesn't trust me (thinks his ex-wife sent me over to fake a law suit).

I am starting to think about passing on it. Shame - it's a great tree.

PASS!!!!!!!

This one has "Trouble" written all over it . . .

Totally. As Jay would say...RUN Forrest RUN!!! Too many things involved when its a domestic sitch.Lots of other 'free' wood out there with no baggage.

Around here we call that rotting sucker wood....Let'em choke on it! Even funnier to watch them mow around it for a couple Years.
 
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