conspicuous Archives

Release/Assumption of Risk Agreement Language Protects Mechanical Bull Provider from Liability for Inherent Risks

April 16, 2013

By Doyice Cotten

While in a bar after watching others, Revel Thom decided to ride a mechanical bull.(Thom v. Rebel’s Honkey Tonk, 2012 Tex. App. LEXIS 7555) Before riding the bull, he completed and signed a document entitled PARTICIPANT AGREEMENT,

How to Make your Waiver More Conspicuous!

August 6, 2012

By Doyice Cotten and Mary Cotten

To be effective and stand up in court, a waiver must be clear, explicit and comprehensible. It must be easily readable and placed in such a way to compel notice. A waiver of liability may not be enforced if it is unlikely to be noticed and understood by the signer.