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Old August 22nd, 2007, 17:48   #21
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Join Date: Sep 2005
Location: Saskatoon/Moose Jaw
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Originally Posted by Lawdog View Post
Asking for direct legal advice on the internet is like ordering the veggie special at Carnivore's restaurant.

(great f'n restaurant by the way).

Drafting your own waiver is downright foolish, and that clause above would get you tossed out of law school if you handed it in. Electricty for electrians, plumbing for plumbers...don't play lawyer and expect it to not blow up in your face at some point.

Besides, despite what others may post, waivers are almost worthless. If you have to use one, and are too stupid/bitter/poor/unmotivated/cocky/unwise/reckless to have a lawyer draft you one, you should get one from your insurer or use one that has been drafted by a lawyer or insurer.


PS- just because you warn someone about a hazard does not mean they cannot sue you because they fall prey to it. As I think I posted elsewhere go read the Occupier's Liability Act (if you are in Ontario) and the cases on volenti, get a basic grasp on contra proferentem and then we can discuss why waivers are just peices of paper. Also read Malcolm and Waldick from the SCC, and then think about how that applies to Airsoft. Seriously.
I wasn't actually asking for official legal advice, and I'm not writing my own waiver. I saw your example and was merely asking if a similar statement would have given any sort of protection to the land-owner in the case of falling in a hole. But you pretty much answered my question... I think
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