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Re: [RC] bringing suit - Kat - Keith Kibler

Truman is correct on this one too:

With the caveat that each State has it's own law, you should seek legal opinion from an attorney in your own State, Unless you have a manner of arbitration or
other means of dispute resolution built into such a waiver, I would advise a ride manager to consider such a waiver not worth the paper it is or was written on.
It would likely fail for a number of reasons, and those reasons are too complicated to explain in this format.
Keith
Illinois Lawyer, when not scooping poop
(a bill is in the mail to everyone that reads the above)
:-)





Beth Walker wrote:
OK -- I stand corrected. If you sign a waiver, and then bring suit, then I would consider that grounds for refusing entry.



On Jan 15, 2008, at 2:41 PM, k s swigart wrote:



If you entered my ride, when you signed the entry, part of doing so included an agreement NOT to bring suit.

If you brought suit anyway after having agreed not to, you are in clear
violation of the terms and conditions of entering the ride (i.e. you
broke one of the ride rules).  So yes, just bringing suit will give me
cause for denying you entry if for no other reason than that you have
demonstrated yourself to be untrustworthy.





Truman Prevatt wrote:

In reality I suspect any contract that coerced an individual to wave his right to seek legal redress (which might include a lawsuit) would be considered null and void in most states. I would also suspect the AERC BOD would have an issue with a varying fee structure based on arbitrary and capricious decisions of a ride manager.


In reality the AERC is an organization of riders. Rides are independent of the AERC. A ridemanager can choose to seek AERC sanctioning if they feel it will benefit them or if the want to provide AERC members with a sanctioned ride. They do not have to and we have had non-sanctioned rides in FL that did quite well.

I would hope the AERC BOD would take a hard look if there were a vigilante effort arose with the sole purpose to "punish" a particular individual that was a member in good standing of the AERC. There is a right way and a wrong way to pursue grievances against a rider's actions. The right way is to document the actions of the individual and file a protest with the AERC. If a rider was denied entry by a ride manager based on hearsay for other ride managers, they IMO he/she has a prefect right and should to file a protest.

Truman

Spottedracer@xxxxxx wrote:


Just my opinion... Since there are laws against this type of retribution by employers/government agencies and those who bring suit against them...So the legal system and the public consider this to be a morally wrong practice.

- LP




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Replies
[RC] bringing suit - Kat, Spottedracer
Re: [RC] bringing suit - Kat, Truman Prevatt