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waiver of liability in case person climbing on roof is injured

I don't know if this question belongs in the Real Estate or the Personal Injury forum. My neighbor is a handyman and would like to climb on the roof of my house to trim his tree which is brushing my roof and he'd like to also fix part of my roof which was damaged in a windstorm. We like to have an arrangement of doing things for each other and he really wants to do this to pay me back for things I've done for him. Also he can't trim his tree by using a ladder from his property. He is not a roofer with liability insurance or an arborist. I am worried that if he is injured while on my roof, he may sue me. Would I be protected if I had him sign in advance a statement that says "I will not hold the homeowner responsible if I become injured while climbing on his roof, cutting my tree and repairing his roof" ? If so, would I need to have him get his signature notarized on that?
 
Thanks, Donna

Waiver of liability in MA

Might not be a bad idea.  Generally, a waiver of liability (aka release, indemnification agreement, or covenant not to sue) is enforceable in Massachusetts so long as it uses clear and concise language, specifically identifies the parties that are being released, is written in a font that is large enough to read, and does not violate some public policy.  See Lee v. Allied Sports Assocs., Inc., 349 Mass. 544 , 550 (1965), citing MacFarlane's Case, 330 Mass. 573 , 576 (1953). Clarke v. Ames, 267 Mass. 44 , 47 (1929). A party may, by agreement, allocate risk and exempt itself from liability that it might subsequently incur as a result of its own negligence. See, e.g., Lee v. Allied Sports Assocs., Inc., supra at 550; Barrett v. Conragan, 302 Mass. 33  (1938); Ortolano v. U-Dryvit Auto Rental Co., 296 Mass. 439  (1937). See also J.W. Smith & H.B. Zobel, Rules Practice § 8.18 (1974). "There can be no doubt . . . that under the law of Massachusetts . . . in the absence of fraud a person may make a valid contract exempting himself from any liability to another which he may in the future incur as a result of his negligence or that of his agents or employees acting on his behalf." Schell v. Ford, 270 F.2d 384, 386 (1st Cir. 1959). Whether such contracts be called releases, covenants not to sue, or indemnification agreements, they represent "a practice our courts have long found acceptable." Minassian v. Ogden Suffolk Downs, Inc., supra at 493. See Shea v. Bay State Gas Co., 383 Mass. 218 , 223-224 (1981).
 
I'm assuming this is a case where the dangers are obvious (falling off the roof) and there are no hidden dangers that you are aware of, such as week spots in the roof or other problems that could create an increased risk to your neighbor.  Waivers of liability are available on line.  For some ideas about the form you use you can check out this waiver that is used by Habitat for Humanity. http://www.hfhplymouth.org/LiabilityWaiver2008.pdf  Good luck (to you and your neighbor).

thanks

Thanks very much for that detailed answer!

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