[Vision2020] 09-17-04 Daily News: From INK

[Tom Hansen]

Wayne -

Another train of thought might be that:

Although the writers of such a waiver know that the waiver is unenforceable,
by simply placing the waiver into the "contract" may give the impression to
the other party that it is enforceable and the other party, therefore, will
not seek civil litigation.

Thoughts?

Tom

-----Original Message-----
From: vision2020-bounces at moscow.com [mailto:vision2020-bounces at moscow.com]
On Behalf Of Art Deco aka W. Fox
Sent: Friday, September 17, 2004 7:18 PM
To: Vision 2020
Subject: Re: [Vision2020] 09-17-04 Daily News: From INK

Donovan,

I cannot remember the case law on such waiver of clauses exactly anymore,
but 
there are instances where liability cannot be waived no matter what, 
particularly when gross negligence occurs.

Perhaps Sunil or any other attorney on the list can post/paste a summary of
the 
current law on the waiver of liability.

Perhaps the clause prescribing binding arbitration by the elders of a cult 
(really arbitration by the cult master in this case) should be enough of a
red 
flag to any potential customer of Naomi Lewis, whatever her talents and
virtues, 
to encourage that customer to find a different dance instructor, one with a
more 
normal world-view.

Wayne

Art Deco  (Wayne Fox)
deco at moscow.com

----- Original Message ----- 
From: "Donovan Arnold" <donovanarnold at hotmail.com>
To: <deco at moscow.com>
Sent: Friday, September 17, 2004 7:50 PM
Subject: RE: [Vision2020] 09-17-04 Daily News: From INK


| Wayne,
|
| UI is the same way. You have to sign a waiver when you go to classes that
| you will not sue. It is actually illegal to do this, but that doesn't stop
| them. You can still sue.
|
| Donovan J Arnold
|
|
| >From: "Art Deco aka W. Fox" <deco at moscow.com>
| >To: "Vision 2020" <vision2020 at moscow.com>
| >Subject: [Vision2020] 09-17-04  Daily News:  From INK
| >Date: Fri, 17 Sep 2004 19:41:47 -0700
| >
| > >From INK, Vera White, Daily News
| >
| >
| >
| >"Oversight from the elders" of Christ Church has been a hot topic around
| >Moscow
| >recently, probably the reason a reader forwarded the INKster a copy of a
| >registration form provided by Naomi Lewis for her upcoming dance classes.
| >Lewis
| >is offering a wide variety of classes this fall for children ages 3 to 13
| >in
| >Irish step and ballet.
| >
| >Lewis is the wife of John Lewis, director of admissions at New St.
Andrews
| >College.
| >
| >Under the heading "Liability Release," Lewis notes she does not carry
| >insurance
| >to cover participants in the activities and parents are requested to sign
| >off on
| >releasing Lewis and her employees/volunteers from any liabilities that
| >might
| >occur while participating in her class.
| >
| >The liability release section concludes with the following paragraph:
| >"Should a
| >dispute arise between Mr. ands Mrs. John Lewis and the undersigned, or a
| >member
| >of the undersigned's household, regarding any of the terms in this
| >agreement, or
| >class policies, their sole remedy shall be the binding arbitration of the
| >elders
| >of Christ Church, without resort to any civil court."
| >_____________________________________________________
| >  List services made available by First Step Internet,
| >  serving the communities of the Palouse since 1994.
| >                http://www.fsr.net
| >           mailto:Vision2020 at moscow.com
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|
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_____________________________________________________
 List services made available by First Step Internet, 
 serving the communities of the Palouse since 1994.   
               http://www.fsr.net                       
          mailto:Vision2020 at moscow.com
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