Waivers

Articles relating to waiver law and/or how to write an effective waiver.

Very Broad Waiver Protects in Spite of Fact a Signed Waiver was not Produced

12377468144_a0f2703591_z

 By Doyice Cotten

Theresa Brigance was injured at Vail while taking beginning skiing lessons. Vail claimed no liability on the basis of a required liability waiver. Brigance’s ski boot became wedged under the chair in the ski lift. Interestingly, Vail was unable to produce a signed waiver in court.(Brigance v. Vail Summit Resorts, Inc., 2017 U.S. Dist. LEXIS 5447)

Liability waivers sometimes fail because they are not broad enough to cover the circumstances of the incident;

Evaluation of a Liability Waiver by a California Appellate Court

8873409242_bd91a3273a_z

By Doyice Cotten

Quite often I get a request by a service provider to take a look at their waiver and tell them if I think it is adequate. So I thought many readers might like to see how a court looks at a waiver to determine if it is enforceable. A California case involved an incident at a trampoline facility; the court discussed why the waiver was valid and enforceable (Torres v. House of Air,

Choice-of-Law Provision Fails: Waiver Falls under Vermont Law

16289028355_173015dd0e_z

By Doyice Cotten

Brian Kearney was seriously injured while competing in a USSA sanctioned amateur downhill ski race at Okemo Mountain Resort in Ludlow, Vermont, in February, 2015. USSA members were eligible to participate and membership required signing a liability waiver (Kearney v. Okemo Limited Liability Company, 2016).

The waiver contained the following exculpatory provision:

Member hereby unconditionally WAIVES AND RELEASES ANY AND ALL CLAIMS, AND AGREES TO HOLD HARMLESS,

Indemnification Tips (Revisited)

We are revisiting five of Reb Gregg’s previous posts on Sportwaiver.com. Nothing has changed since the article was originally posted. It provides important information for the service provider.

Doyice

is was written by Charles “Reb” Gregg in September, 2006. Mr. Gregg provides some invaluable information regarding indemnification agreements. Mr. Gregg is a practicing attorney in Houston, Texas specializing in adventure law and may be reached at 800 Bering Drive, Suite 100,

Poorly Written New York Church Waiver Fails

24776360805_77382f168b_z

By Doyice Cotten

Panagiota Melis, a member of the Helenic Orthodox Church, slipped and fell on snow and ice in the Church’s parking lot after parking her vehicle. She filed suit against the church alleging negligence (Melis v. Helenic Orthodox Community, 2017 N.Y. Misc. LEXIS 981).

The church claimed protection from a waiver and assumption of risk document signed previously by the plaintiff. The court ruled that General Obligations Law (“GOL”) 5-326 did not apply and did not serve to prevent the enforcement of the waiver because the church was not a place of amusement or recreation.

Maryland Vendor/Landlord Waiver Fails Due to Statute

8019331088_4d0e504ac4_z

By Doyice Cotten

Eugene Jaeger, operator of the Unicorn Strings Music Company was a vendor at the outdoor International Renaissance Festival (IRF) in Maryland when he slipped and fell while walking on a gravel walkway and a boardwalk to go to the restroom. While on the boardwalk, he stepped onto a patch of a slippery substance and fell.(Jaeger v. International Renaissance Festivals, LTD, 2017 U.S. Dist. LEXIS 72539)

He had signed a waiver of liability in his vendor lease;

Massachusetts Indemnity Clause Enforced in Ultimate Frisbee Case

3859068820_429716b45a_z

By Doyice Cotten

Liability waivers often include an assumption of risk, a waiver of liability for negligence, and an indemnification agreement. The purpose of the waiver of liability is to protect the provider from liability in the event of participant injury. In spite of the presence of a signed waiver, suit is often filed by the injured party or by others on his or her behalf.

The object of the indemnification agreement is for the provider to be able to recoup any loss resulting from such a legal action – the loss may include a monetary judgment,

Duty and Liability (Revisited)

We are revisiting five of Reb Gregg’s previous posts on Sportwaiver.com. Nothing has changed since the article was originally posted. It provides important information for the service provider.

Doyice

by Charles R. Gregg

Readers will find that this to be an informative legal liability article. “Reb” Gregg is one of the nation’s top adventure law attorneys. This article originally appeared on Reb’s website.

Q. How do I run a good program without being sued?                                                                             

Check Your LIABILITY IQ: Was it Ordinary Negligence or Gross Negligence in Climbing Wall Case?

6313786637_76b8519ae1_z

By Doyice Cotten

In a Michigan rock wall climbing injury case (Alvarez v. LTF Club Operations Company Inc., 2016), the plaintiff had climbed the wall and started to belay down when his harness broke because he had it on backwards and incorrectly hooked to the belay system. He fell from the wall and was seriously injured. Subsequently, he filed suit claiming the waiver of liability of ordinary negligence he signed was not applicable because LTF was guilty of gross negligence.

Woman Held to Waiver Signed by Husband in California Health Club Case

6168341677_b7ba513d05_z

By Doyice Cotten

Sheila Brown joined 24 Hour on February 27, 2001, signing the 24 Hour Fitness USA, Inc. membership agreement containing a liability waiver.  She terminated her membership several months later; then, after a few months her son renewed her membership through his corporate membership. Her husband signed the club waiver on her behalf.

Two years later, Sheila tripped over a dumbbell that had been left on the floor and suffered injury. She filed suit against 24 Hour and claimed the waiver was unenforceable because she had not signed the waiver.