Posted by John T on August 03, 2012 at 05:05:33 from (216.249.82.117):
In Reply to: OT.....ATTN JohnT posted by oldtanker on August 02, 2012 at 22:43:26:
As yall know I try my best to help when I can with off the cuff and unresearched, yet stiill good conscience advice, but getting into drafting a contract over the net and addressing liability issues and other concerns about which Id have to ask a lot of questions is just not something I can help you with on here or e mail, sorry.
Besides it can be a two edge sword since a court construes a contract strongest AGAINST the party who prepared it and if a fact finder forms the opinion one party was taking advantage of another it can really hurt. Similar there are some instances if justified where liability might be waived (as a matter of contract) but thats a real tricky issue so one has to be careful otherwise the whole contract might be declared null and void.
Basically describe the services to be performed,,,,,,,,the price such as hourly or by acre or fixed and travel time etc,,,,,,,,,time frame in which work is to be performed,,,,,,,,,names and signatures etc etc BUTTTTTTTTTT if you wanna get into very specific liability issues (like throwing rocks etc you menmtioned) I suggest a local contract lawyers services. Expecations and local practice standards and all sorts of things a non lawyer isnt familiar with can jump out here to bite you. Sure, parties can freely "contract" terms such as operator NOT RESPONSIBLE FOR FLYING DEBRIS etc but if someone was injured to you better hope the contract was iron clad and NOT against your states public policy (remember they come down strongest AGAINST the one who prepared the contract).
PRACTICAL NOTE this is NOT something Id suggest for a non lawyer to prepare but if you hired one the cost would exceed any profit on the job so youyre sorta stuck. Of course anyone can scratch out their own contract at no cost (services,,price,,time frame,,not responsible if flying debris causes damage,,whose liable for what etc etc,,signatures and date) but again, I'm not getting into this over the net.
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