I'm planning on starting a website in the vein of the late MakeMeKing where people suggest Dares for other users to complete. If you're not familiar with how MakeMeKing was it had some pretty risky dares, some involved eating a whole tin of cinnamon altoids to someone spraying Axe body spray right into their nose, some even did pranks regarding fireworks and such. How could/would I go about writing out the disclaimers / release forms for someone under 18? I'd assume passing all liability onto the people participating in the stunts would be a start, but I'm interested in making this 100% legal. Any input is welcome.
You're going to have legal problems with having minors entering into an agreement. You shouldn't even consider starting something like this until you consult with an attorney, and since laws vary by state, you'll need to find a local lawyer. No disclaimer is going prevent you from being sued and forced into spending tens of thousands of dollars (or more) to defend, and asset protection is something else you are also going to need to explore.
Well they never had much of legal problems and their disclaimer was this "Do NOT attempt any dares you see on this site (includes dares given in forums and dares completed). All stunts performed by participants are on their own free will. If under 18, do NOT send in any videos without first checking with parents/guardians and having proper Parental Permission forms submitted AND accepted by MakeMeKing.com. If you break any part of this disclaimer than your video will NOT be posted. MakeMeKing.com, ThinKing Ahead L.L.C., it's owner, it's employees, and affiliates can in NO WAY be held liable for anything resulting from any stunts/dares attempted, what you read on the site, what you see on the site, or anything else of that nature. The creator of MakeMeKing.com, MakeMeKing.com's content, ThinKing Ahead L.L.C., and the ISP(s) hosting any content on this site take NO responsibility for the way you use the information provided on this site. We cannot be held responsible for anyone not fully complying with our Privacy Policy and Disclaimer. We reserve the right to change this without notice at any time. Anyone who does not agree with this MUST LEAVE NOW! Thank you for your cooperation!" If I did go through with something like this I probably would seek out a attorney just to keep safe.
It doesn't make a difference why they were shut down or it they ever had a legal problem. If person "A" robs a bank and gets away with it, does that mean person "B" won't have a problem? Of course not. Again, no disclaimer exists that will prevent you from being sued. A good disclaimer can limit your liability, but not prevent a lawsuit. It also seems they set up a limited liability company to add a further layer of protection. You should really get legal advice from an attorney in your area. Many people ignore liability issues because they have "nothing to lose" - but unpaid judgements can prevent you from getting a loan or credit - and some judgements follow you for life. All it takes is for some idiot, or their parents, to sue you for their injury. Even if you win, you will be out tens of thousands of dollars in legal fees (perhaps six figures).
are you underage yourself? If so, your parents could be drawn into legal liabilities because they fully responsible of you being a minor...you are getting into issues that obviously your mind can not handle, since you feel that you need to start something like this, then you should be held responsible...if you say I dare you to spin the chamber and put the gun to your head and see if you win or not... so if someone gets killed because of your stunt site or whatever it is, financial problems will be the least of your worries, they could go after you for involuntary manslader...you surely need a lawyer before you do anything...
I have to say that is a completely ridiculous dare and nothing of that sort would even be allowed to be asked on my website. None of the dares would even be proposed by me, they are proposed by other users on a forum. And no, I'm not underage, why do you ask? I don't see any valid points you raise at all, however the other guy who has given his input is very valid, and very much appreciated by me. "My mind cannot handle?" What the hell are you talking about? "I dare you to spin the chamber and put the gun to your head and see if you win or not" What, are you asking me to try this?
You may not see any valid points, but it won't keep you from being sued.. Have you seen the lawsuits brought against "cartoons" like Beavis and Butthead and South Park because some people are so stupid that they think they can do the things that they see cartoons do?? You are opening the door to lose everything you own, or your parents own with a site like this.. Kids are stupid enough without people prompting them to do more stupid things..
No, I mean, read what HE said, mjewel has the right idea. This guy asks me if I'm underage, then he proceeds to tell my "my mind cannot handle" this information. He jumped from 1 subject to another and didn't use much for proper grammar.
i'll give you some insight. get a lawyer. you'll need him. we had one. create a legal business with your website understand your public spend money on an automated system and get some fools to run it for you you got a site.
Never had any problems with http://www.MakeADare.com We hired a good law team to make up our terms. Did you ever get your site up?