Legal language
Jun. 22nd, 2004 11:20 amNow that summer is here and the girls are in daycare, we are, of course, signing all sorts of paperwork that the daycare requires for their fieldtrips and activities.
I took a close look at some of the releases that we were asked to sign, however, and said "No way." And this has reduced Fiona to tears ("What do you mean I can't go rock-climbing with the other kids?") but we're holding firm and waiting to hear what the daycare has to say in response.
The release asked them to have us admit that rockclimbing includes risks, and that we won't sue if there is death or injury. I can understand their wanting to cover themselves against that risk. But the release also said we couldn't sue in case of death or injury, even if it was due to their negligence.
I can understand that there's a (miniscule) risk of a rope breaking. But if a staff member is hauling my daughter up on the rope and lets go of it? Or doesn't bother to fasten it on her in the first place? Uh uh. They don't get off scot free for doing that.
I told them we'd sign it if they'd allow us to strike out the negligence language. We'll see what they say.
And a second release was even worse: not only is there no recourse in case of their negligence, it said that we would have to pay all of their legal defense costs, even if they were negligent. We couldn't possibly afford that!
Yeah, America is a litigious society, but I'm not unreasonable. I've never sued anyone, and I don't plan on doing so.
But I can't believe that the other parents signed this form.
I took a close look at some of the releases that we were asked to sign, however, and said "No way." And this has reduced Fiona to tears ("What do you mean I can't go rock-climbing with the other kids?") but we're holding firm and waiting to hear what the daycare has to say in response.
The release asked them to have us admit that rockclimbing includes risks, and that we won't sue if there is death or injury. I can understand their wanting to cover themselves against that risk. But the release also said we couldn't sue in case of death or injury, even if it was due to their negligence.
I can understand that there's a (miniscule) risk of a rope breaking. But if a staff member is hauling my daughter up on the rope and lets go of it? Or doesn't bother to fasten it on her in the first place? Uh uh. They don't get off scot free for doing that.
I told them we'd sign it if they'd allow us to strike out the negligence language. We'll see what they say.
And a second release was even worse: not only is there no recourse in case of their negligence, it said that we would have to pay all of their legal defense costs, even if they were negligent. We couldn't possibly afford that!
Yeah, America is a litigious society, but I'm not unreasonable. I've never sued anyone, and I don't plan on doing so.
But I can't believe that the other parents signed this form.