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Forums: Climbing Information: Beginners: Re: [vinnie83] Rock Climbing Gym Waiver - WTF?!: Edit Log




USnavy


Oct 12, 2012, 9:34 PM

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Registered: Nov 6, 2007
Posts: 2667
Re: [vinnie83] Rock Climbing Gym Waiver - WTF?!
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vinnie83 wrote:
I like how #3 says you will hold the gym harmless, blah blah blah and then #6 says, in the event you do file a lawsuit...
It's just standard lawyerly talk. The idea is that the attorney that drafted that waver is trying to create a catch-all omnishield for the gym. S/he wrote it in a manner to try to make it as hard as possible to sue. Sometimes parts of contracts can be deemed void by law. That is why it says "you agree not to sue" but then says "if you do sue." The idea is that if the "you agree not to sue" part of the contract is voided by a judge, they hope the "if you do sue" part still remains enforceable. Generally after the "if you do sue" part comes a "you wave your right to a trial by jury" statement. The idea with that statement is the attorney that drafted the waver knows that a jury is likely going to be more empathetic towards a gym climber who got hurt than a judge will. A judge will just look at the law and see how the circumstances surrounding the incident fit within the law. They are also trying to limit your options. The defendant can always request a trial by jury, but if the plaintiff is limited to only a trial by the judge, the defense can choose whichever options best suits their objectives. Again, they are just trying to reduce the chances of you wining a suit anyway they can.


(This post was edited by USnavy on Oct 12, 2012, 9:44 PM)



Edit Log:
Post edited by USnavy () on Oct 12, 2012, 9:35 PM
Post edited by USnavy () on Oct 12, 2012, 9:41 PM
Post edited by USnavy () on Oct 12, 2012, 9:42 PM
Post edited by USnavy () on Oct 12, 2012, 9:44 PM


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