If I tick this box do I give up my rights?
They can simply refuse to to accept responsibility for any damagetheir negligence might cause...but only to the extent which is reasonable. It is only illegal if they try to restrict liability for death or personal injury resulting from it. Been a while since I studied this stuff but from memory some of the tests of whether it would be reasonable or not included.
- Was it clearly brought to the parties attention
- The bargaining strengths of the parties involved
- Was it within the contemplation of both parties
I believe the persevere with it because most people assume they are bound by it and so do not challenge it. in other words, they get away with it.
Personally I think Magic Roundabut is nearer the mark. I think they like to think that a waiver will prevent people raising a challenge, even if it has no real teeth.
I have to say that my OH and I refused to sign a waiver like this once when we were in Canada. It was for white water rafting and we simply felt that it was far too risky a pursuit to attach this sort of waiver to, especially in a foreign country. We told them they must be joking and asked for a refund.
A disclaimer means you can accept responsibility for your actions and injuries but no disclaimer can mean that you cannot claim if your statutory rights have been infringed, such as your right to protection from a negligent act or omission.
A disclaimer cannot indemnify someone against criminal law. You can sign a contract with someone saying they can murder you, but if they do, they have committed a criminal offence, and the contract means nothing.
Aha we ahve found a way of getting refunds on races that we cannot do!
not sure what the disclaimer actually relates to though, so maybe someone could help..As I see it, if I go for a 13.1 mile run on my own in training, should anything happen, I'm only covered to the extent of my own insurance policies. If I run in an 'official' half marathon, then not sure what the difference would be, or if I would need seperate cover. Sure the race organisers have insurance should a herd of runners cause an accident to non runners (motorists/pedestrians) but that is part of their insurance cover as part of our race entry, and not specific to me.
People are correct in saying that the disclaimer is not valid. It is subject to the 'red pencil' ie if it can be crossed out and the contract still can 'stand' then this is what happens in a legal sense. What I do not understand is why they bother knowing it is not valid?? I have always assumed that it is a relevant factor when deciding how much compensation you are able to claim? Maybe the insurance companies insist on it? Anybody know?
Sussex Runner (NLR) wrote (see)
Just entered a race. On the many boxes that I had to fill, one of them asked if I understood that the organisers are no responsible for any accident or loss etc. Now I generally take responsibility for my own actions but if I tick yes does that mean I have no rights if they are negligent in any way?
This is quite normal for running events. If you enter another event, tick the box.
If you fall over and bang your head, just imagine you did it buying potatoes last Tuesday.
If you are stupid enough to wear headphones, then you deserve everything you get.
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