Tag Archives: employer/employee

Waiver Protects Chimp Sanctuary from Suit by College Intern

By Doyice Cotten

An Oregon appellate court (Howard v. Chimps, Inc., 2012 Ore. App. LEXIS 986) ruled that a waiver of liability signed by a student doing a college internship adequately protected the chimpanzee sanctuary from liability when the intern was attacked by a chimpanzee.  In general, waivers signed by employees are deemed to be against public policy and are not enforceable because of the economic hold that the employer has over the employee.

Employer/Employee Waiver Enforced Despite Unequal Bargaining Power

By Doyice Cotten

Northwest Nazarene University required Morrison and some co-workers to participate in a “team building exercise” that included, among other things, a climbing wall activity. Morrison fell, was seriously injured, and sued alleging negligence (Morrison v. Northwest Nazarene University, 2012 Ida. LEXIS 82).

The university had required that all participants sign a waiver, an indemnity agreement and an assumption of risk agreement.  Idaho law states “’Freedom of contract is a fundamental concept underlying the law of contracts and is an essential element of the free enterprise system.’ Agreements exempting a party from liability for negligence will be upheld unless .

Waivers, Employer/Employees, and Bargaining Position

Waivers, Employer/Employees, and Bargaining Position

By Doyice Cotten

This article is taken from Waivers & Releases of Liability 7th ed. by Doyice and Mary Cotten.

Employers are considered to have a superior bargaining position over employees. For this reason, as a general rule, waivers which employers require employees to sign are generally considered to be in violation of public policy and unenforceable. However, three “sub-categories” under employees will be examined here.