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08/14/2009 2:04 PM
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08/14/2009 2:28 PM
08/14/2009 2:38 PM
08/14/2009 3:15 PM
this is what i use:
LOCKOUT LIABILITY RELEASE FORM
I have requested that my vehicle be unlocked using lockout door
tools and/or keys. I understand there is a possibility of damage to the locking mechanism, glass, weather stripping, paint, and airbags when using these tools
and thereby release the person(s) and/ company below of all responsibility. Both civil and criminal, in a court of law. I will accept full responsibility
should any damage occur.
Driver license number:
Vehicle ID number (V.I.N):
License plate number:
Person requesting lockout:
Signature of person above:
Operator / lockout Tec:
Company performing lockout:
Check all that apply
____ Previously attempted opening by another person
____ Worn weather stripping
____ Non-functioning door handle latch
____ Non-functioning airbag / lights
08/14/2009 3:24 PM
08/14/2009 5:07 PM
08/15/2009 7:24 AM
Liability release forms are useless.
Your customer has called you for help. You are expected to be trained and knowledgeable in the services you provide.
They are also in a situation where they are under duress. If you force them to sign a form in order to provide that service at that time, they signed it
"under duress" and it wont help you at all trying to defend a damage claim.
My opinion: if you're not willing to take responsibility for your actions, turn down the call and refer them to some one who may be better suited to
service the customer.
That's my 2 cents,and the CDN dollar is almost at par with the US buck-take it for what it's worth
08/15/2009 10:29 PM
08/16/2009 12:11 AM
08/16/2009 8:18 PM
08/25/2009 10:41 AM
the only time i use them is if the owner is a prick and i give them the form to fill out to keep them busy when the unlocking the door. by the time i unlock
on door they are just finshing the the form.
08/27/2009 2:37 PM
Steve, I don't know about Canada Law, but with a case here in the US duress is not a factor in court for a lockout. Duress is normally used in a criminal
matter, but can be used civilly by "Your money or your life." Barton v. Armstrong  AC 104. A threat from your tow truck driver would
have to be made stating, "sign the contract or die". So far I have not met a business that makes these statements. When my drivers arrive they are
always required to have the owner sign or we will not perform the service. The customer is free to contact another company or locksmith if they do not want to
agree to the damage waver. In most cases we deal with the owner or someone assisting the owner who has already damaged the car, window or weather strip with a
coat hanger trying to open the car before our arrival. I have also had law enforcement agencies damage vehicle's "trying to help". One used a
HD screwdriver to pry the window back, causing MAJOR damage to the roof. A waver with notes of an inspection before an attempt is A VERY GOOD IDEA. You will
present a much more valid case in court or with a service provider if you can produce documentation showing the customer was advised and prior damage was
noted. A key point to everyone is if you have a customer sign a waver, they MUST receive a copy. If two parties enter into a contract in almost every state,
both parties MUST have a copy of the contract. Also if the customer pays you at the end of the serve without a verbal or written protest, they are basically
agreeing to your work and service.
I do agree that everyone should be trained before providing this style of service, but at times damage can happen. With notes you can cover yourself from
prior damage, but if you do mess up, step up to the plate and take care of it. If you think you can't do it with-out the chance of damage advise the
customer and note it on the contract or better yet walk away if that's the case. We have had times where we take over where companies have left off and
couldn't complete the lockout (usually resulting in damage). If you can go to a window they have not touched and note it on your form you only worked on
this area, this will cover your tail end and allows the customer to go after the prior company.
Just a little info from law school I remember.
08/28/2009 10:41 PM
09/05/2009 8:47 PM
10/15/2009 10:43 PM
11/02/2009 10:28 AM
11/13/2009 10:53 PM
11/14/2009 1:35 PM
11/15/2009 12:11 PM
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