Cruisers Forum
 


Join CruisersForum Today

Reply
 
Thread Tools Rate Thread Display Modes
Old 11-03-2014, 09:26   #16
Don't ask if you can't handle it
 
sailorboy1's Avatar

Cruisers Forum Supporter

Join Date: Jul 2007
Location: On the boat somewhere
Boat: Hunter 410
Posts: 12,334
Re: New moorage contract - liability waver, is it reasonable?

Quote:
Originally Posted by JK n Smitty View Post
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.
__________________

__________________
jobless, houseless, clueless, living on a boat and cruising around somewhere
sailorboy1 is offline   Reply With Quote
Old 11-03-2014, 11:00   #17
Registered User

Join Date: Apr 2013
Location: Seattle
Boat: 1989 52' PT Overseas Yachtfisher
Posts: 92
Re: New moorage contract - liability waver, is it reasonable?

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.
__________________

__________________
Marine Insurance Guru and tuna fishing addict!
Pau Hana is offline   Reply With Quote
Old 11-03-2014, 11:02   #18
Registered User

Join Date: Apr 2013
Location: Seattle
Boat: 1989 52' PT Overseas Yachtfisher
Posts: 92
Re: New moorage contract - liability waver, is it reasonable?

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.
__________________
Marine Insurance Guru and tuna fishing addict!
Pau Hana is offline   Reply With Quote
Old 11-03-2014, 11:55   #19
Registered User
 
denverd0n's Avatar

Join Date: Jun 2008
Location: Tampa, FL
Posts: 3,954
Images: 6
Re: New moorage contract - liability waver, is it reasonable?

Quote:
Originally Posted by Pau Hana View Post
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.
__________________
denverd0n is online now   Reply With Quote
Old 11-03-2014, 13:33   #20
Senior Cruiser
 
skipmac's Avatar

Cruisers Forum Supporter

Join Date: Oct 2007
Location: 29 49.16 N 82 25.82 W
Boat: Pearson 422
Posts: 12,393
Re: New moorage contract - liability waver, is it reasonable?

Quote:
Originally Posted by denverd0n View Post
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.
__________________

__________________
The water is always bluer on the other side of the ocean.
skipmac is online now   Reply With Quote
Reply

Tags
contract

Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off




Copyright 2002- Social Knowledge, LLC All Rights Reserved.

All times are GMT -7. The time now is 13:48.


Google+
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
Social Knowledge Networks
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.

ShowCase vBulletin Plugins by Drive Thru Online, Inc.