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View Full Version : Rule #16 for U.S.Amatuer....scarey


tigerseye
10-27-2008, 12:37 PM
Below is the #16 rule for the U.S. Amatuer application. Which must be signed by all participants....
This seems as if you could recieve bodily harm or maybe even die!!
Kinda scarey aint it?? :eek:



#16 Release of APA & Tournament Sponsors I, the undersigned, being of lawful age, as inducement for and in consideration of the agreement by American Poolplayers Association, Inc. (APA), verify that I may take part in the U.S. Amateur Championship (the Event) and hereby covenant and agree that APA and all other sponsors and their respective affiliates, directors, officers, employees and agents (collectively Releasees) shall not be liable for any damages arising from personal injuries, including death, and/or damage to property that I may sustain in any way which result from or arise out of my preparation for or any participation in the Event.

memikey
10-27-2008, 01:15 PM
Deleted, duplicate post.

memikey
10-27-2008, 01:31 PM
For me the scariest aspect of this declaration and of all its other close cousins throughout the entire spectrum of daily life is that any civilised society could be stupid enough to allow circumstances to develop to the stage where ambulance chasing parasitical lawyers, spurred on by by ever increasing numbers of free loading, quick buck chasing cheats and people only too willing to become professor class experts on their rights while remaining blissfully blind to any sense of their own responsibilities, now totally dictate the tone of the relationship between service providers and users.

Common sense and an inherent notion of what is fair and reasonable has been well and truly culled to the extent that the species may never recover :(

Black-Balled
10-27-2008, 01:56 PM
I work w/ insurance coverages and that wording would likely not be worth it's weight in turds...a classic case of, 'just coz the words go together doesn't make them right'.

The organization would likely maintain liability for 'incidents arising from its own negligence', at a minimum.

You ask anyone who hosts an event like this if they want to go in front of a Judge- worse, a Jury- with 'he signed it' as the defense.

J. Learned Hand
10-27-2008, 02:53 PM
Right you are. Waiver of liability for the security or well-being of paid participants in sporting events seems unconscionable to say the least. This is especially so in the event of gross negligence. Moreover, such a "release" or "hold harmless" clause, as they are called, often render many contracts nugatory.

In any event, perhaps the answer to this is to provide ample security for the safety of participants so as to eclipse the duty owed. This is precisely what one famous Federal Judge found. That is, the duty owed is defined by the burden (cost) associated with preventing the harm by its breach.

It will be interesting to see if this clause is tested after some one is seriously hurt.