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Thread started 28 Apr 2010 (Wednesday) 12:29
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Liability Waiver...would you sign this?

 
jungleland26
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Apr 28, 2010 12:29 |  #1

see attached image.....

Ignore the fact that it's written horribly...essentially one long run on...lack of crucial punctuation actually changes the intended meaning at points... ...then of course basically blindly indemnifying THE MANOR...


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jrosephoto
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Apr 28, 2010 12:32 |  #2

I don't see anything attached.


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jungleland26
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Apr 28, 2010 12:39 |  #3

jrosephoto wrote in post #10082932 (external link)
I don't see anything attached.

look again;)


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dwarfcow
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Apr 28, 2010 12:44 as a reply to  @ jungleland26's post |  #4

i don't think it switches its intent around. it is pretty straigth forward, i think you read it wrong.

I sign very similar agreements all the time.

It is saying, you are liable for anything caused by you, and if your actions result in fee's, penalties or fines from the government (cops) you will have to pay them; unless the employees of the manor are being negligent, in which case its their problem (its making it legal, you can't bear the cost of their negligence by law). it also goes on to say, their insurance wont cover you're stuff, and you shouldn't assume it will, get your own insurance.


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CW ­ Jones
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Apr 28, 2010 12:46 |  #5

I would... Doesn't seem bad. Just seems like a "if anything happens tough cookies" type deal to me. You sign it and something gets damaged and then you try and sue... you basically can't (you can but you would lose)


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jungleland26
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Apr 28, 2010 12:53 |  #6

dwarfcow wrote in post #10083016 (external link)
i don't think it switches its intent around. it is pretty straigth forward, i think you read it wrong.

I sign very similar agreements all the time.

It is saying, you are liable for anything caused by you, and if your actions result in fee's, penalties or fines from the government (cops) you will have to pay them; unless the employees of the manor are being negligent, in which case its their problem (its making it legal, you can't bear the cost of their negligence by law). it also goes on to say, their insurance wont cover you're stuff, and you shouldn't assume it will, get your own insurance.


Read again.... "EXCLUDING any such liability caused by the SOLE negligence of the manor, its employees and agents"


...what about partial negligence, aka, mutual negligence... ?

again, long story short, it's written quite poorly....with that said, it is true that one cannot waive their legal rights in such fashion...


As for me and my equipment...INSURED.

typical liability forms request that the VENDOR (ME) accept responsibility for items I break, damage etc... This is asking me to indemnify THEM.... why would I do that?


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i_am_cdn
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Apr 28, 2010 12:54 |  #7

nothing wrong with this that I can see. I would sign it without any issues.


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Apr 28, 2010 12:56 as a reply to  @ dwarfcow's post |  #8

It seems reasonable to me. It is hardly 'blindly indemnifying' them, it states that anything their fault is their responsibility, but if you cause any problems then you are liable for the costs. You are not covered by their insurance but that is fine, you should have your own anyway.

Essentially it is just saying that 'if you break it, you pay for it', which is fairly normal. They are just holding you responsible for your own actions and equipment.




  
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Dennis_Hammer
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Apr 28, 2010 13:09 as a reply to  @ sandpiper's post |  #9

Pretty standard stuff.




  
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sfaust
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Apr 29, 2010 16:03 |  #10

Ditto. You break it, you pay for it. They break it, they pay for it. Sounds fair to me.


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sspellman
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Apr 29, 2010 17:21 |  #11

It clarifies that they will not provide insurance coverage for you or your business except in the case of "sole negligence". I would not be concerned by that. You need to have your own broad coverage of insurance for your protection.

In fact, many locations require your to present a certificate of insurance with them as an aditional named party.

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Apr 30, 2010 13:13 |  #12

sspellman wrote in post #10091413 (external link)
It clarifies that they will not provide insurance coverage for you or your business except in the case of "sole negligence". I would not be concerned by that. You need to have your own broad coverage of insurance for your protection.

In fact, many locations require your to present a certificate of insurance with them as an aditional named party.

-Scott

Yep. As has been said, pretty standard stuff. Your insurance agent should know all about it.


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May 01, 2010 02:17 as a reply to  @ RDKirk's post |  #13

Hmmm...

After reading through it I agree with a couple others. Sounds like you're the one that doesn't quite understand the language. It's pretty standard and accurate usage.

Basically unless they are 100% at fault for something related to your aspect of the event it's tough cookies for you.

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skifurthur
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May 01, 2010 07:34 |  #14

Read over this with my legal advisor just now and we both see no reason for you not to sign it. I can also see a good reason to sign it. Play your cards right at that venue and a ton of quality business can be sent your way.

p.s. My legal advisor says you should fire your legal advisor.:p


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Liability Waiver...would you sign this?
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