[RC] More on minor waiver - Tamara Woodcock
More info to try to put what I found into context:
The 17yo boy in question was participating in training for competitive Super
G racing. The course had been set by the boy's coach. The boy fell while
negotiating the course and collided with a tree, causing severe injuries,
including permanent blindness in both eyes.
Subsequently, after the boy attained the age of 18 (majority), he and his
parents filed suit, alleging negligence and breach of contract on the part
of all of the defendants, the ski.
The boy and his mother had executed these same releases for several years in
the past. The boy had participated in the Ski Club's activities for
approximately nine years and had raced competitively for a number of those
years.
The release purported to relieve the ski club from: "any liability, whether
known or unknown, ****even though that liability may arise out of negligence
or carelessness**** on the part of the persons or entities mentioned above.
The undersigned Participant and Parent or Guardian agree to accept all
responsibility for the risks, conditions and hazards which may occur whether
or not they are now known." (emphasis added by me)
The release further provided that: "the undersigned Participant and Parent
or Guardian HEREBY AGREE TO WAIVE, RELEASE, DISCHARGE, INDEMNIFY AND HOLD
HARMLESS any and all claims for damages for death, personal injury or
property damage which they may have or which may hereafter accrue as a
result of any participation in any Aspen Valley Ski Club, Inc. program and
related activities and events . . . . The undersigned Participant and
Parent or Guardian further agree to forever HOLD HARMLESS and INDEMNIFY all
persons and entities identified above, generally and specifically, from any
and all liability for death, personal injury or property damage resulting in
any way from participating in the activities and events described above. By
signing this Acknowledgment and Assumption of Risk and Release as the Parent
or Guardian, I am consenting to the participant?s participation in the Aspen
Valley Ski Club, Inc. programs and related activities and acknowledge that I
understand that any and all risk, whether known or unknown, is expressly
assumed by me and all claims, whether known or unknown, are expressly waived
in advance."
Direct quotes from the release form, I added the astricks at the top...
The trial court found that the boy and his mother made an informed,
considered decision to waive any prospective claims in exchange for the
boy's participation in the inherently dangerous activity of skiing.
The mother's claims and the breech of contract claim was dismissed, on the
matter of the boy's claim of negligence and his father's derivative claims,
the trial court ultimately entered summary judgment in favor of the ski
defendants on all claims. This was appealed.
The appeallant court affirmed the judgement, the opinion can be found here:
http://www.courts.state.co.us/ctappeals/opinion/99CA0187.doc
The plaintiff's not being happy with this decision either, it was appealled
again and the Supreme Court has reversed the opinion...
The Supreme Courts case is 00SC885
The Court of Appeals case was 99CA187
-Tamara
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Tamara Woodcock
Scurry, Texas
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"I live in my own little world, but it's okay, they all know me here."
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