I now have over 1,200 signed waivers filed by month on file from the past 2 years. At least half are repeats meaning the person signed 20-30 throughout the 2 years. If not more.
And for those who feel a waiver is not worth the paper its written on. I have two words. "Horse Shit".
They are a binding contract.
The courts have held in cases that properly prepared and presented releases of liability are binding. This is consistent with the principle in contract law that a party is bound by the document in the absence of fraud or misrepresentation. There have been many cases in which the courts have found waivers valid and sufficient to exonerate defendants from liability even for alleged negligence.
Early adventure cases include Delaney v. Cascade River Holidays Ltd in 1983, Dyck v. Manitoba Snowmobile Assn. Inc. in 1985 and Karroll v. Silver Star Mountain Resorts in 1988. More recent high-profile instances include Ochoa v. Canadian Mountain Holidays Inc., the 1996 case based on the avalanche deaths of nine clients while heli-skiing and the 2009 Alberta horse riding case of Van Hooydonk v. Jonker.
It is no longer correct to say that waivers are not worth the paper they are printed on.
The Supreme Court of British Columbia in Karroll v. Silver Star Mountain Resorts offered some insight as to what a properly crafted waiver would look like. The court considered that a release which is short, easy to read, contained no fine print, one page in length, and headed in capital letters “RELEASE AND INDEMNITY – PLEASE READ CAREFULLY” would reveal to a reasonable person that this was indeed a legal document intended to release the defendants from liability.
"....Your life is ending one minute at a time..."
Last edited by Trev140_0; February 7th, 2014 at 15:44..