Filling out the various waivers for my upcoming trip. And one paragraph writes:
... I expressly assume any and all risks with respect to the activities and circumstances described within, and pledge not to sue Releasees on account of any losses, claims, costs, liabilites or damages, and further I agree not to claim the unenforcability of this agreement.
Emphasis in the original.
How does one interpret this? If it's unenforcable, then so is that paragraph; if it isn't, it isn't. (This is the same travel company that has previously claimed immunity from California's "Consumer Restituion" law because it isn't registered to sell travel in CA.)
I'll give you even odds that neither of these would hold up in court.
September 14, 2004 09:21 PM | TrackBack | in Data and DocumentsThe terms in the contract probably won't, although it's hard to say -- courts are funny in some ways. Still, it's there not so much to protect them in court as to make you think that you absolutely can't sue them.
The one about Consumer Restitution is harder, because according to CA consumer restitution law, the company does have to be registered with them or be doing something else to specifically target CA residents or at least notify you that they are not registered for it. Notice they are not saying they are exempt from CA consumer protection laws, just one specific section of it (that doesn't even exist in most states), which deals with companies having to put money in trust with the state of CA so that if they default on their promises, you can get it back [I don't know all the details, obviously, it's sort of convoluted about who has to do it and who doesn't.]
Anyway, I'm not a lawyer, and know very little about CA laws at that (the one I know the most about is, ironically, Consumer Restitution law -- had to look into it recently when my grandparents lost $2500 on the cruise that they had booked and couldn't go on because my grandmother ended up in a hospital two days prior to its start. Sadly, we haven't recovered that money and it doesn't look like we'll be able to. And there it's also really screwed up, because they admit that they haven't warned my father (who purchased the tickets) that they would be completely non-refundable (not even for company travel), but say they are still within their rights.)
Posted by: Lucy at September 15, 2004 04:26 AMWhatever is legally enforcable is one thing, but if you sign an agreement not to sue them, are you morally obligated not to sue them?
You may laugh at this, but I do think about that when I sign these sort of agreements.
Posted by: at September 15, 2004 04:51 AMlucy: not a lawyer... yet.
Posted by: talana at September 15, 2004 07:56 AM