Are these pics yours?

Discussion in 'Fly Fishing Forum' started by KerryS, Apr 18, 2011.

  1. Jake H

    Jake H Banned or Parked

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    Your wordy and impassioned response is exactly the kind of thing that liability suits exemplify. I never stated you couldn't sue anyone. It's been made clear that this slug cuts corners, no license, certainly no insurance (what would he be insuring without license).
    About twenty some odd years ago a "guide" on the Clearwater swamped his boat and both of his passengers were lost, drowned. The " guide" swam to shore, hitched a ride to his vehicle, dropped his trailer in the launch lot and was never seen or heard from again.
    The waiver that is shown in this thread has no value to any customer as it has no representation, there's nothing to insure.
    It's already been stated that he copied this also.The point is that the customer must do the diligence and not blindly assume that the waiver they are signing provides them protection. If he's not licensed or insured he's nowhere near conscientious enough to be available in the event of an accident
    and all of the tort law in the world won't restore a limb or worst case, a life.
    The stolen pictures in this thread is the least of the issues involved here, and I'll go out on a limb and state that the injured parties would heartily agree with me.
     
  2. bennysbuddy

    bennysbuddy the sultan of swing

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    Just for the record ,How does one set the price for pictures.I have had many photos taken of me and never been payed for any of them.
     
  3. Don Freeman

    Don Freeman Free Man

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    Jake, I don't know where you got the idea that I'm being argumentative. I'm not. Fred Evans asked an honest question regarding waivers. Others may have the same question, and want to know what rights they might be giving up by signing one. Since this was a big part of my professional life, I tried to provide information that might help others understand what they are signing if they choose to hire an outfitter that requires a waiver.

    You and I agree that professional reputation, proper licensing and insurance are the real issues.

    I didn't mean to offend you, but it looks like you've become impassioned yourself. Don't imply that I'm defending or condoning the cheesedick who is the subject of this thread.
     
  4. _WW_

    _WW_ Geriatric Skagit Swinger

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    All this talk about insurance, liability waivers, and liability suits is enough to take the fun right out of a fishing trip. And is a great illustration of one of the great problems we have in our country today.

    If I choose to take a fishing trip with someone why do I have a 'right' to sue the guy if something untoward happens? I made the choice. I made a plan to do it. I drove to the appointed site. I climbed into the boat with him. I chose to stay in the boat with him. And now I 'get' to sue him? If he screws me just let me beat the crap out of him with a 2x4 and let's move on. Take what you spend on retainers for your attorneys and spend it on accident and life insurance for yourself instead.
    Life involves risks - hell just being born is risky.

    This kind of BS is starting to get in the way of Life, Liberty, and the Pursuit of Happiness!
     
  5. Jake H

    Jake H Banned or Parked

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    Don, I didn't intend to be argumentative either. I was responding more to the "law" than you personally and I'm on top of the fact that we agree this guy is a tool. It's always tough to gauge emotion in print. I've been a guide for nearly two decades and this kind of shady crap tips me over and has become all too commonplace. The unfortunate by-product is that the entire industry is illuminated in this light and the vast majority of professional outfitters and guides are conscientious and law abiding citizens. My knowledge and experience was what I was trying to share also. I'll try to hold a steadier aim and keep a tighter pattern from here on out.
     
  6. KerryS

    KerryS Ignored Member

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    The best thing about this thread is the responsible guides and outfitters that are responding.

    Thanks to all of you.

    By keeping this thread at the top we, the fishermen and women, are seeing who we should be calling for guided trips and how to spot the ones we should not be using.

    Again thanks to all of the professional and responsible outfitters here on WFF. We are fortunate to have you.
     
  7. fredaevans

    fredaevans Active Member

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  8. Evan Burck

    Evan Burck Fudge Dragon

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  9. Richard Olmstead

    Richard Olmstead BigDog

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    Sorry, if I fell for what was intended to be a joke, but in the event you are serious, the person in a picture doesn't own the picture, the person behind the camera does.

    As far as value is concerned, it is simply the marketplace that determines the value of an image, and with the increasing sophistication of digital cameras and accessibility on the web, the value of photos, even by famous photographers, has been steadily declining in recent years.

    D
     
  10. Don Freeman

    Don Freeman Free Man

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    Fred, the best resource you have in Oregon is the Oregon Guides and Packers Association. Unless it has changed since I was a member, not only do members have to licensed by the state and insured, new members had to be nominated by two current members and voted in by the Assoc. This group not only meets all minimum standards, but exceeds most, is professionally and environmentally committed and provides referrals to the region and activity of your choice.
     
  11. Richard Olmstead

    Richard Olmstead BigDog

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    Rather than this being what is wrong with our country, I think a much better case could be made that this is one of the things that is RIGHT about our country. If, through their negligence, someone does damage to you, you re legally entitled to be compensated. This requires your having to claim the damages, however, hence the lawsuit. I think it is safe to say you wouldn't really want to live some place where this were not true. Insurance doesn't change the matter; if there weren't liability laws, there wouldn't be any need for insurance.

    That said, it is also safe to say that such suits go way overboard sometimes in this country.

    D
     
  12. KerryS

    KerryS Ignored Member

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    The person behind the camera better have a release signed by anyone recognizable in the picture if they intend to make money from the image.
     
  13. theonethatgotaway

    theonethatgotaway Member

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    Doubtful, do you think those paparazzi get waivers signed before they snap photos of celebrities? Nope. Here is a tip, if you are in public PEOPLE CAN SEE YOU and they can also snap a photo. You can take a picture of whoever of whatever you want, as long as you are standing in a public area or an private area you have permission to be. Even if they say no photo, you can still take one.
     
  14. smc

    smc Active Member

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    Celebrities are "public" persona and do not have the same right to privacy as a private citizen. KerryS is absolutely correct. If the photo is intended for commercial use, the photographer (or agency) needs a release. If you are just a casual photographer with no commercial intent, then no worries.
     
  15. _WW_

    _WW_ Geriatric Skagit Swinger

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    You'd better pipe down before they start making you pay for those cameras! :)