Quote:
Originally Posted by redwitch
I'm not an attorney but was a legal secretary for 30 years. Like you, I was appalled when I read the Release. Haven't signed it in 5 years and have had no problems to date. However, something tells me that if I had signed and was injured through no fault of my own, Florida law would allow me to sue regardless of what I had signed. As you know, most releases are pretty worthless.
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I know nothing about the law. Redwitch as a legal secretary does what I do make sense to you.
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I always cross out and change words in forms I am asked to sign if I don’t like the meaning. Those asking you to sign rarely notice and if they do I just say ask your lawyer it’s my right to modify agreements I am signing to reflect my intent.
........... In this one I would cross out the word whether and write in the word unless. That would change “……or presence at the Activities, suffered before, during or after the Activities, whether caused by the negligence, action or inaction of the Activity Sponsor or otherwise..” To“……or presence at the Activities, suffered before, during or after the Activities, unless caused by the negligence, action or inaction of the Activity Sponsor or otherwise.”
I really don’t like the #2 Indemnify and hold harmless for your guests part. If you Indemnify the villages doesn’t that mean your guest could sue but you would have to pay the damages if they did. Again I would change whether to unless. Or just cross it out. I always cross out the parts I don't like.
My business law prof in college told us to add this line to the college waiver and I have been adding it to every similar one ever since. “In order for this liability wavier to be valid, all due diligence and normal care shall be taken by all parties to this agreement to provide a safe environment for the activities entered into.”
It probably doesn't change things much but makes me feel better. This waiver seems way over the top to me much more strict than any I have ever been asked to sign or have had to ask others to sign in the course of doing business.
Just My Opinion