Saturday, July 31, 2010

Hold Harmless

My son is going to a birthday party today at a place that has those bounce houses. They sent a waiver, release, hold harmless and indemnification agreement.  It includes such wonderful phrases as "I understand that the risks associated [with participation] . . . include contusions, fractures, scrapes, cuts, bumps, paralysis and death."  There is some great language about paying their attorney's fees should I decide to sue them too.  

"I hereby execute this agreement without coercion."  Right, because my almost-six-year old is going to be sooo understanding when mommy puts on her anxiety boots and refuses to take him to the party.  Coercion? I think I can make the case....


Before law school, I would blindly sign such a waiver and let him participate in the activities. 

Two years out of law school?  I'm closing my eyes and doing the exact same thing.

7 little fish:

  1. Our Ks prof brought that up last year. If no one agreed to form contracts/waivers absolutely nothing would ever get done! Oh well...

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  2. Update: no injuries. Guess I don't have to find a way to sue after all.

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  3. Who sent the waiver? The people throwing the party or the facility?

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  4. The facility. It was part of the invitation though.

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  5. Is that standard? Do you have to sign one to go to an amusement park? I just can't imagine 6 Flags requiring that.

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  6. that, sadly, is the world we live in today. as you say, even now that you've got a law degree you still sign, except you close your eyes while doing it...

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  7. Sandy, I know I signed a similar statement last time I went skiing. Standard? I think so, actually.

    Six Flags probably has it printed on the tickets....

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