Participant and Parent
or Guardian HEREBY AGREE TO WAIVE, RELEASE, DISCHARGE, INDEMNIFY AND
HOLD
HARMLESS any and all claims for damages for death,
I had a friend who used a contract much like this for giving riding
lessons. One little extra she had added was that should the person decide
to sue for any reason, they would agree to pay for her any defense fees
she might incur. Do you think *that* would hold up in court?
Angie
Presuming the state (as do most states) honors releases, it would not
work in a situation that the release does not cover. For example, no
release covers gross negligence and that section would not entitle
the defendant to attorney's fees. The reason would be that it would
be likely to discourage any victim of gross negligence from sueing
and that would not be good public policy. The same reasoning would
apply to any other areas that the release doesn't cover, and
unfortunately, many releases are poorly drafted and don't cover areas
that they should. It could work if you were sued and the lawsuit was
dismissed because of the release.
Jim Clark-Dawe
Webster, NH
Attorney at Law
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