Disclaimer

If I tick this box do I give up my rights?

21 to 36 of 36 messages
21/03/2013 at 07:49

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.

21/03/2013 at 08:13
Magic Roundabout, I wasn't clear because I didn't want to post the whole disclaimer - death/personal injury are listed in the types of harm they require you to sign away any claim for.

I suspect the reason for these disclaimers isn't as calculated as some here are suggesting. I suspect they're there because many race organisers are enthusiastic runners organising races cos they think race idea X would be awesome. They've learnt how to organise races by entering races and seeing what works. They've always had to sign a disclaimer, so that's simply seen as how it's done and copied.
21/03/2013 at 08:44

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.

21/03/2013 at 09:10
Maybe I will email the race organisers and ask for a refund. I didn't agree to the disclaimer on the form. Would be interesting to see what the response is. Purely out of interest.
21/03/2013 at 09:16

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.

21/03/2013 at 09:23
But surely we accept responsibility for our own actions all the time? What bearing does a disclaimer have on this basic rule that if I punch myself in the face it's my own fault but if someone else punches me it's their fault.
21/03/2013 at 10:00

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.

27/03/2013 at 13:24
Found out I couldn't do the race after all due to being away from holidays. E-mailed them to ask about not accepting the disclaimer. Cheque came in the post today. Full refund. Seems they take their bit of nonsense quite seriously.
27/03/2013 at 14:41

Aha we ahve found a way of getting refunds on races that we cannot do!

27/03/2013 at 15:33

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.

27/03/2013 at 16:36
Whenever you run and a third party is involved there is a chance that their negligence could result in injury. That could be if race organisers set up scaffolding that collapses in the finish area or if you run on your own and fall down a hole left by some workers that wasn't marked properly. If, for example the scaffolding was set up by unqualified people then you have a claim. They could wave a disclaimer at you of course. Don't think it would count for anything in a court case.
27/03/2013 at 16:57

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?

27/07/2013 at 21:53
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.  

27/07/2013 at 21:55

If you fall over and bang your head, just imagine you did it buying potatoes last Tuesday.

27/07/2013 at 21:56

If you are stupid enough to wear headphones, then you deserve everything you get. 

27/07/2013 at 21:57

Edited: 28/07/2013 at 14:47

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