New moorage contract - liability waver, is it reasonable?

[sailorboy1]

Originally Posted by JK n Smitty

This type of apathy should be left to the dirt dwellers. We should not simply "accept" a screwing. There is always a choice. Tell them this is unacceptable. Cross it out and initial it and see how they respond. Ask them why they should be excused for their failure to do what you are paying them to do!

Their mooring their rules, pretty simple. If it was my marina I would give you the choice to move elsewhere and I wouldn't give you any reason at all.

BTW - I gave choices on the post you only partially quoted.

You may can that apathy, while I call it life. But then again I'm not very paranoid about various useless stuff.

[Pau Hana]

It reads like a waiver of subrogation- that is, the marina is stating that you cannot come after them for any reason whatsoever, even if the marina is at fault.

First stop (as others have stated)- your insurance carrier. Read your policy, and find out if the carrier will endorse your policy for said subrogation waiver.

We represent about 35 insurance carriers, and almost none will endorse their policy in this way.

[Pau Hana]

AND- contrary to popular belief- this type of language IS enforceable in the courts. The vessel owner is not compelled to sign the contract- he does so willingly in exchange for a service.

[denverd0n]

Originally Posted by Pau Hana

AND- contrary to popular belief- this type of language IS enforceable in the courts.

Maybe. Maybe not. It depends on the circumstances. Anyone who implies that it is NEVER enforceable is simply wrong. Anyone who implies that it is ALWAYS enforceable is just as wrong.

[skipmac]

Originally Posted by denverd0n

Maybe. Maybe not. It depends on the circumstances. Anyone who implies that it is NEVER enforceable is simply wrong. Anyone who implies that it is ALWAYS enforceable is just as wrong.

Once again I find myself in agreement with you. I had to sign a similar waiver when I took SCUBA lessons. It was the same with several levels of classes and different organizations from intro to cave to mixed gas diving. All the instructors required all students to sign a waiver that absolved the instructor for any liability including in cases of negligence. Cannot recall if it specified gross negligence but definitely used the word negligence.

So I consulted an actual lawyer and was told that a signed waiver will not completely clear a party from any and all negligence but it would depend on the situation whether or not their could be a claim.