Worried about your legal exposure this Halloween? You should be.
Halloween has not only become the United States' second largest celebration--only Christmas is bigger--it has also become largest single cause of civil lawsuits, according to Jon Holloway, a Holiday Liability Consultant in Boston, Massachusetts who says that Halloween has now moved moved ahead of both icy steps and vicious dogs as a cause of lawsuits.
But there's a remedy to exposure: “By having each child who comes to your door execute a simple agreement,” says Hallowell, "householders can not only protect themselves, but also protect the children who come to visit.”
With Hallowell’s permission, The Wolf Report has provided its readers with a recommended form of agreement for their use. Readers may freely reproduce and use the agreement, providing that they’ve signed the The Wolf Report Halloween Liability Use Agreement, that will be provided at some future time.
Halloween Liability Agreement
WHEREAS: Treater has selected suitable (in Treater’s sole judgment) Treats to be distributed to Trick Or Treaters wearing sufficiently creative costumes (in Treater’s sole judgment) , or who are sufficiently intimidating (in Treater’s sole judgment) to warrant bribery with Treats as a protection against acts of vandalism (“Tricks”);
NOW THEREFORE the parties agree as follows:
- Treater warrants that Treater and Treater’s agents have taken reasonable precautions to prevent nuts, products containing nuts, or products with a likelihood of having been contaminated by nuts (“Nutty Products”) from being included in the Treats.
- Trick Or Treater understands and agrees that no such effort can be entirely certain and that despite Treater’s reasonable efforts, the Treat may contain Nutty Products or other products which provoke an allergic reaction for Trick Or Treater or other parties with whom Trick or Treater might share the Treat (“Sharers”).
- Trick Or Treater agrees to notify Treater of any other allergy or condition which may be exacerbated by consumption or contact with a Treat, as defined herein, by attaching a separate Exhibit: “List of Allergies or Conditions.”
- Treater agrees to review any such Exhibit and make reasonable efforts to notify Trick or Treater of any substance in the Treat that may affect Trick Or Treater.
- In consideration of this Agreement and any Treats that may be given by Treater to Trick Or Treater under this Agreement, Trick Or Treater agrees to indemnify and hold harmless Treater from any action initiated on behalf of Trick Or Treater or any Sharer to whom Treater has conveyed any part of the Treat, providing said action arises from the Treat, or any of the circumstances of delivery of the Treat, including but not limited to icy steps or vicious dogs.
T AAgreed to this 31 Day of October 2009
(signed) (print name, if able to write)
Treater ______________________ _______________________________________
(signed) (print name)
