Tag Archives: conspicuousness

Waiver Fails for Virgin Islands Excursion Company

Circumstances of the Case

While their cruise ship was at St. Thomas, Katherine and Jamie Leach, along with about 20 other passengers, went on a day excursion operated by defendant Cruise Ship Excursions (CSE) aboard a 53-foot catamaran sailing from St. Thomas to St. John and back.

While boarding, the captain informed the passengers of the schedule and location of the life preservers.  While the boat was departing, the crew passed around to passengers a clip board which contained a purported waiver and release.

How to Make your Waiver More Conspicuous!

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.

The important exculpatory language should be placed in a prominent position and must be distinguished from other sections of the document.