Signed a Waiver/Release Form
Discussion
I have just booked to go whale watching in Canada in June, I'm looking forward to it! In order to complete the booking I had to sign a release form that stated the below...
TO RELEASE the “ Releasees” from any and all liability for any loss, damage,injury, death or expense that I may suffer or that my next-of-kin may suffer as aresult of my employing ”Eagle Wing Whale & Wildlife Watching tours“ due to anycauses whatsoever, including negligence on the part of the “Releasees”;3. TO HOLD HARMLESS AND INDEMNIFY the “Releasees” from any and all liabilityfor any loss, damage, injury, death or expenses sustained by me or by any thirdparty which in any way arises out of or relates to my employment of “Eagle WingWhale & Wildlife Watching Tours“due to any cause whatsoever, INCLUDINGnegligence on the part of the “Releasees"
The bits I've highlighted struck me as odd! Is this normal? To waive your right to complain against death or serious injury due to neglegance on their part?
TO RELEASE the “ Releasees” from any and all liability for any loss, damage,injury, death or expense that I may suffer or that my next-of-kin may suffer as aresult of my employing ”Eagle Wing Whale & Wildlife Watching tours“ due to anycauses whatsoever, including negligence on the part of the “Releasees”;3. TO HOLD HARMLESS AND INDEMNIFY the “Releasees” from any and all liabilityfor any loss, damage, injury, death or expenses sustained by me or by any thirdparty which in any way arises out of or relates to my employment of “Eagle WingWhale & Wildlife Watching Tours“due to any cause whatsoever, INCLUDINGnegligence on the part of the “Releasees"
The bits I've highlighted struck me as odd! Is this normal? To waive your right to complain against death or serious injury due to neglegance on their part?
Edited by TheBALDpuma on Saturday 11th May 09:30
I'd imagine it has more than a little to do with this:
https://www.macleans.ca/sinking-of-leviathan-ii/
https://www.macleans.ca/sinking-of-leviathan-ii/
TheBALDpuma said:
The bits I've highlighted struck me as odd! Is this normal? To waive your right to complain against death or serious injury due to neglegance on their part?
Such clauses have been unenforceable in UK law since the Unfair Contract Terms Act 1977. They did exist in the distant past.No idea about Canadian law however. US law in general has far fewer consumer protections than the UK and such disclaimers have more bite than they so here, so if Canadian law is closer to US la it may be enforceable.
https://en.wikipedia.org/wiki/Unconscionability
https://diamondlaw.ca/blog/are-liability-waivers-e...
It looks like Canadian law prevents liability waivers from working with negligence. But if it stops just one person from suing them, it's money well spent.
IANAL, neither here nor in Canada.
https://diamondlaw.ca/blog/are-liability-waivers-e...
It looks like Canadian law prevents liability waivers from working with negligence. But if it stops just one person from suing them, it's money well spent.
IANAL, neither here nor in Canada.
Andy-IM said:
I'd imagine it has more than a little to do with this:
https://www.macleans.ca/sinking-of-leviathan-ii/
My Dad's theory is that this would have forced them to beef up their safety so the trips would be safe now.https://www.macleans.ca/sinking-of-leviathan-ii/
mr rusty said:
I think this sort of disclaimer is by and large a good thing. It means that people can be offered adventurous experiences that otherwise could not be offered. Basically, make your own mind up if you want to take the risk.
Rubbish. A waiver for negligence can never be a good thing.TooLateForAName said:
mr rusty said:
I think this sort of disclaimer is by and large a good thing. It means that people can be offered adventurous experiences that otherwise could not be offered. Basically, make your own mind up if you want to take the risk.
Rubbish. A waiver for negligence can never be a good thing.States negligence, not gross negligence.
I've been signing variations of that waiver in Canada for ~20 years. Although I've never had an issue in which that came up, I also wouldn't travel without insurance to get me medical treatment and back home under any circumstance. At the end of the day, do you want to claim damages, or just be made whole?
I've been signing variations of that waiver in Canada for ~20 years. Although I've never had an issue in which that came up, I also wouldn't travel without insurance to get me medical treatment and back home under any circumstance. At the end of the day, do you want to claim damages, or just be made whole?
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