Why Would a Professional Use a Waiver?
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Topic: Why Would a Professional Use a Waiver?
Posted By: doug
Subject: Why Would a Professional Use a Waiver?
Date Posted: 28/April/2004 at 12:38pm
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If you are a professional why ask for a waiver? Do you know something the customer dosen't. A waiver probably would not stand up in court because you are a professional and suppose to know your limitations. Are you not? A waiver is different than authorization to proceed with a certain job. Just my opinion |
Replies:
Posted By: Adwa
Date Posted: 28/April/2004 at 5:11pm
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Doug If a professional asked me to sign a waiver, right away it would scare the sh*t out of me and I would be leary for them to do the job. If I had to sign authorization to do the job would you not use this only when the customer goes against your better judgment. Just asking. Thanks |
Posted By: doug
Date Posted: 28/April/2004 at 5:48pm
Adwa we use authorizations all the time in the insurance end of the business. I have used the in the cleaning end for various reasons as it is like a contract.ie you clean something at a customer's request or attempt a stain removal and have documented of your expections and they authorize you to clean it anyway etc. Now they are not going to pay because they are not happy with the results. You have your paper trail. Not something you would use everyday but has its places. Just my opinion
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Posted By: MR. STEAMER
Date Posted: 28/April/2004 at 8:49pm
| That not why you get a customer to sign a waiver....you say "it can't be cleaned or it will get wrecked"...they say "oh yes it can been washed tons of times"...they insist that you clean it.....so you insist that they sign a waiver...so if anything happens you are covered |
Posted By: Adwa
Date Posted: 28/April/2004 at 10:42pm
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Doug Let me ask you this. If the customer signs the waiver or an authorization to go ahead and do the job and she is not happy and refuses to pay you even though you have the paper work signed what do you do next. Do you take it a step further. Has anyone ever kicked you out without payment. How do you handle something like that. |
Posted By: LilNiteRidrhood
Date Posted: 28/April/2004 at 10:55pm
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A waiver does not cover you at all. If you knew enough that you shouldn't do it, then you shouldn't have done it. A waiver is just something that makes you feel good, it rarely holds up in court. |
Posted By: doug
Date Posted: 28/April/2004 at 11:06pm
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At the beginning of this Post I started by saying a waiver is usless. Some seem to think it relieves them of neglence but think again. An Authorization is just what it states it is a written contract. Everyone forgets the spot belongs to the customer the hole belongs to the cleaner waiver or not. Just my opinion
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Posted By: LilNiteRidrhood
Date Posted: 28/April/2004 at 11:07pm
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AND YOU ARE RIGHT BUDDY! Thank god you are still here. |
Posted By: MR. STEAMER
Date Posted: 29/April/2004 at 8:44am
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Nope you are both wrong.....Waiver will stand up in court with the proper wording....and as long as the customer has signed the waiver... understanding full well what could happen...the responsibility is no longer yours... But why have costly legal fees just walk If you haven't been through the court process...don't issue a post on this topic...what these two guys above have said is Krap...been there done that. |
Posted By: LilNiteRidrhood
Date Posted: 29/April/2004 at 8:10pm
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Standards and common sense will always over ride a waiver. I have been in court several times. Why would you try and get people in trouble Stanley?? Poor advice. |
Posted By: MR. STEAMER
Date Posted: 30/April/2004 at 1:19am
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LilNiteRidrhood wrote:Posted By: LilNiteRidrhood
Date Posted: 30/April/2004 at 8:14am
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The only waiver we use is about a stain that may not come out. Thats it. This is just to prevent a redo. Thats it. Clean something that shouldn't be cleaned or use a product that shouldn't be used, do a water damage without drying equipment and making sure its dry, A WAIVER WOULD NEVER STAND UP. |
Posted By: MR. STEAMER
Date Posted: 30/April/2004 at 9:54am
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Ok Mr. Lee....heres how it goes.... you enter the customers house for a pre-inspection...she show you the furniture she has to clean.... It's a floral pattern...with metal buttons (50 or so) in the backing...the whole piece is surrounded by Cherry wood framing.... You tell the customer you have to pre-test the fabric and the wood framing... you do your pre-test and it runs....you show the customer...she sees...she tells you go ahead and clean it anyway.... she will sign a waiver and take full responsiblity... I don't know about your waiver...but the standard one we use gives you an area where you can write all the information in...shes has to sign and the tech has to sign... you clean it and the couch gets wrecked...shes fine with it the husband comes home and says.."what the hell lets sue" They sue.....and hell yes the waiver stands up in court...right here in the good old Brampton.... the judge looked at the info...he said "Lady you signed this waiver"...she replied "yes" he called it a total waste of the courts time...claim denied...case thrown out of court... what you need to do is get a better waiver form...and not one written on the back of an old invoice...or a piece of scrap paper from the truck.. Please stop giving this useless information...waivers will save your ass in court...seen it myself |
Posted By: Adwa
Date Posted: 30/April/2004 at 10:11am
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Steamer this sounds like the worse case scenario. Your the professional, if you see something like that would it not be better to walk then go through all that hassle. The home owner doesn't really know what they are seeing, all they know is that they want it cleaned. It is up to you to either clean it with the best method you know of that will not ruin it or just not do it at all. You may lose a customer or gain their respect with recommendations to others for your business. |
Posted By: MR. STEAMER
Date Posted: 30/April/2004 at 10:35am
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I would walk...99% of the time if you mention waiver the customer doesn't want to have it cleaned....but you get that 1% that say just DO IT IDON"T CARE.... so cover your butt and clean it.. but yes a properly worded waiver does work...that is my point |
Posted By: doug
Date Posted: 30/April/2004 at 3:39pm
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Mr. Steamer: What you find and document before the job is an ASSET. What happens as a result of the job is a LIBIALITY. Just my opinion
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Posted By: LilNiteRidrhood
Date Posted: 30/April/2004 at 8:14pm
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You can mark down on a waiver form whatever you want, don't take it to the bank. Seen it far too many times Stanley. Waiver is often not worth the paper its written on. Small claims is small claims. Hard to predict what will happen there. You should know better than that. You just got lucky. More power to you. |
Posted By: MR. STEAMER
Date Posted: 30/April/2004 at 9:10pm
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lucky I think not......Just took the time to fill out the waiver correctly... case dismissed |