Prior to doinga FCE test I have my clients sign an 'FCE Test Agreement'. In this is explained what is expected from the client, that the test could provoke discomfort but that this needs to be reported immediately, and a waiver for any injury that may happen, to my company, employees, and myself (the tester).
Who uses a form like this? Did anybody consult with legal advisors regarding instituting a waiver? What was the outcome?
Tx for the reply.
I have used a form that we called "Assumption of Risk" that we asked our client's to sign. It was explained that some of the tests that they would participate in could cause their heart rate and blood pressure to rise, and that they could possibly injure themselves during the testing day. It was also explained that precautions would be observed to keep them safe (heart rate monitor, measurement of blood pressure, not allowed to do things known to be unsafe). By signing the statement, they were agreeing that they had been informed of the risks, understood them, and that they were knowingly assuming the risk of injury during the testing day if it occurred. I'm not sure of the origin of the form, but the language was such that a lawyer was almost certainly the author! :)
Mary
Tx for your reply. Until now only one client declined to sign the 'FCE agreement'. Hopefully that will be the only one.
I have used a form that we called "Assumption of Risk" that we asked our client's to sign. It was explained that some of the tests that they would participate in could cause their heart rate and blood pressure to rise, and that they could possibly injure themselves during the testing day. It was also explained that precautions would be observed to keep them safe (heart rate monitor, measurement of blood pressure, not allowed to do things known to be unsafe). By signing the statement, they were agreeing that they had been informed of the risks, understood them, and that they were knowingly assuming the risk of injury during the testing day if it occurred. I'm not sure of the origin of the form, but the language was such that a lawyer was almost certainly the author! :)
I had a client that at first declined to sign the consent to test form but after explanation he decided to sign it. If my client did not sign the consent form should I have proceeded with testing anyway? What did you do when your client decided not to sign? I would appreciate your feedback. Thanks!