Legal indemnification

[Henning]

How about this:

In consideration of being alive, I _______________ agree to never sue Nick Brennan for anything, ever.

Signed:
________________________

"In consideration of $1.00" would be how you word it, so now you have a contract. It's still legal if signed of free will (in that there is no law against it), it's still not necessarily binding. They are two wholly separate subjects. You see, if you knew you were being negligent and didn't care, you would then be grossly negligent and this contract wouldn't be enforceable since by law it is not possible to wave gross negligence.

 

[ScottM]

As consumers, what are we to do?

I have signed these but with the caveat above my signature stating that "I sign this document under pressure and without adequate time to review such a document with competent legal authority nor have I received adequate explanation as to the necessity of the document from the operator's representative. I reserve all rights and negate any transfer of responsibility to myself for any negligence of the operator."

9 time out of 10 the person behind the counter does nto evven look to see what I wrote and just stuffs it in the floder.

 

[Pjsmith]

This is a classic adhesion contract. Believe it or not, leisure activities (e.g. flying) are the current hotbed topic when it comes to courts deciding whether or not exculpatory clauses in adhesion contracts are enforceable or not. Sorry to report that the cases seem to be heading in the direction that they are enforceable so long as the scope of potential risks is adequately contemplated.

That said, I'm a lawyer and know better, but will sign these types of documents from time to time. Sometimes I change them a little, sometimes not, based on my personal risk assessment. I like the idea of scribbling 'declined'!

The truth is, exculpation or no, there is plenty of gray area that will give rise to litigation should something go significantly south. Certainly gray enough for the dispute to make it to settlement, where 90% of all disagreements seem to go out for pasture (I don't advocate baseless litigation, this is just an observation).

 

[Let'sgoflying!]

cool, Scott another arrow in the quiver - I may just steal that!

I have signed these but with the caveat above my signature stating that "I sign this document under pressure and without adequate time to review such a document with competent legal authority nor have I received adequate explanation as to the necessity of the document from the operator's representative. I reserve all rights and negate any transfer of responsibility to myself for any negligence of the operator."
9 time out of 10 the person behind the counter does nto evven look to see what I wrote and just stuffs it in the floder.