Joe Cool
Contributor
I have made a downpayment for a liveaboard trip and I was asked to initial and sign their standard "Assumption of Risk, Liability Release and Indemnity" Form. While reading the form, I came upon a clause which I find ridiculous. It has given me a feeling that the operator can get away from being irresponsible. I am hoping for some advice from business owners or seasoned travelling divers or legal professionals whether the following statement makes sense from a paying customers standpoint:
There are 9 items that I need to initial on this document and this is the seventh item that does not make sense to me. It basically absolves the trip operator and its employees from all liability due to their negligence. Sounds like B.S. How can a company be absolved of all responsibility for their own decision or action that caused the personal injury, property damage, wrongful death and loss of services? With this clause, the operator and employees will tend to be careless and thoughtless because they feel they are protected by a bullet-proof vest.
My questions:
1. Can I get away from not putting my initials on this paragraph? I know the form says to initial all the sections in the form as a condition for joining the trip.
2. Do I even need to be fearful of this clause?
3. Will this ridiculous clause even stand in a court of law?
4. The trip will be in Mexico, however, that paragraph states that I need to agree to interpret this agreement according to the laws of Ecuador. Clearly this is a cookie cutter mistake or not? The trip operator is HQ in WY (USA).
5. Should I just bite the bullet and sign away? I have travel and dive insurance, BTW.
I intend to contact the trip operator to clear this up. However, I am not hopeful that I can get away with not initialing this clause nor will they allow modifications to it.
Any feedback would be very much appreciated.
It is my intention, by signing this document, to exempt and release EV and their agents, servants, and employees from any and all liability for personal injury, property damage, wrongful death and loss of services cause by the negligence of (the trip operator) or its servants, employees or agents., either aboard the vessel or during the onshore excursions or tours. In the event I shall prosecute any such claim against (the trip operator) or its servants, employees or agents, I shall (1) indemnify and hold them harmless from any or all loss or liability, including costs and attorneys fees, and (2) agree to interpret this agreement according to the laws of Ecuador.
There are 9 items that I need to initial on this document and this is the seventh item that does not make sense to me. It basically absolves the trip operator and its employees from all liability due to their negligence. Sounds like B.S. How can a company be absolved of all responsibility for their own decision or action that caused the personal injury, property damage, wrongful death and loss of services? With this clause, the operator and employees will tend to be careless and thoughtless because they feel they are protected by a bullet-proof vest.
My questions:
1. Can I get away from not putting my initials on this paragraph? I know the form says to initial all the sections in the form as a condition for joining the trip.
2. Do I even need to be fearful of this clause?
3. Will this ridiculous clause even stand in a court of law?
4. The trip will be in Mexico, however, that paragraph states that I need to agree to interpret this agreement according to the laws of Ecuador. Clearly this is a cookie cutter mistake or not? The trip operator is HQ in WY (USA).
5. Should I just bite the bullet and sign away? I have travel and dive insurance, BTW.
I intend to contact the trip operator to clear this up. However, I am not hopeful that I can get away with not initialing this clause nor will they allow modifications to it.
Any feedback would be very much appreciated.