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.