2021 Trans Tasmania Enduro

moorey

call me Mia
Always amused by a waiver I once signed at a ski field that said they weren't liable for my injury or death even if caused deliberately by them or their employees... yeah right...
That’s pretty much what this says. They aren’t liable for anything what’s, even if they are negligent. And you have to take up and claim with British Columbia.
 

Tubbsy

Packin' a small bird
Staff member
That’s pretty much what this says. They aren’t liable for anything what’s, even if they are negligent. And you have to take up and claim with British Columbia.
Deliberately was a step up even from negligent.

No idea whether any of these waivers impede progress in court in some way that discourages people from trying?
 

moorey

call me Mia
Deliberately was a step up even from negligent.

No idea whether any of these waivers impede progress in court in some way that discourages people from trying?
I’m sure it’s more to discourage, and make your case harder/more expensive to take up, but wouldn’t hold up for a second if they were grossly negligent.
 

Tubbsy

Packin' a small bird
Staff member
I’m sure it’s more to discourage, and make your case harder/more expensive to take up, but wouldn’t hold up for a second if they were grossly negligent.
Yeah seems like it's not going to be much use to anyone being negligent:


"Many individuals believe that signing a liability waiver restricts them from suing a company. This is false because when someone signs this form, they are acknowledging the possibility of harm occurring. They are not committing themselves to the negligence of the service provider if something does go wrong. Therefore, a liability waiver cannot protect you if you are negligent towards children, and grossly negligent towards adults.


Liability waivers allow you to protect your company from unforeseeable situations that may harm another person. However, you cannot use this document in cases where you or your staff have been negligent to your customers. The concept of negligence can be complicated and hard to prove."

But obviously you would need to prove the negligence, which is where it seems things get thorny.
 

mike14

Likes Bikes and Dirt
That's a very weird waiver. You can never absolve a company of negligence or remove thier duty of care, and in the same vein any claims regarding duty of care would be heard in the jurisdiction where it happened, not in BC.
Ignoring the weirdness of the contents, I'd be slightly alarmed that a company chose to send that out to people. It makes them look very amateurish and I'd be starting to worry about what else they might not be over properly.
Likely too late now but I'd be sending them an email with "we both know this crap, do you understand it's damaging your reputation?".
 

kten

understands stuff moorey doesn't
Don't make too much noise or we're going to need an Aus standards sticker on our helmets next..
 

moorey

call me Mia
Agreed, I don’t think there’s any reason to hang shit on this event - my ski resort example shows this kind of legal nonsense is widespread and no indicator of a dodgy operator.
Yep. Waivers in general are usually silly, but we sign them anyway. That one seems more hardcore than most, and may be tailored to a Canadian audience.
This is my 3rd rodeo with her. Organisation and operation of the events run like clockwork. I believe she asks a lot of the volunteers and crew, but it’s a huge event and there’s no room for Mr Fuckup.
 

beeb

Dr. Beebenson, PhD HA, ST, Offset (hons)
Enjoy all. We’re out. Wife tested positive last night. Stumbled at the last hurdle.
Ah fuck…

What a shit hand to be dealt. Hope the missus is (and stays) okay. :( You’re going to be ridiculously well-prepared for 2023 Trans-NZ/Trans-Tas though (yeah I realise you probably don’t want humour right now…)!
 
Top