Are there no limits to damage waivers or would this go too far? I am going to make vacation on Hawaii next week. For one day we booked a Ziplining tour. Just after the free cancelation date passed, I was sent a waiver which is required to be signed to participate. And this waiver is something, even without knowing much about the legal system of the USA, I can't imagine to be justified. It asks me to hold the event host and their employees free from any damage or claim due to risks of i.e. servere injury, disabilitys or even death. OK, that's fair. Then it says that I also waive any such action for cases where anything like this happens negligent. This made me already feel somewhat uncomfortable. But not knowing the laws in the USA, this might be a thing one can ask me to waive. But then it also mentioned any of the risks or harm caused by them deliberately. And causing the risk of murder (what deliberately causing an accident that leads to death) makes me not want to sign that waiver. It feels just not right. Now leaving aside if you can waive and agree to indemnify in the USA for a deliberately caused death... Given that I got the waiver handed over just after the free cancellation period had ended and being unwilling to sign that waiver, are they entitled to keep my payment, because I missed the free cancellation period? (It was said before that there will be such a waiver, but it was not linked or anything and I was just told that the waiver will be sent out a few days prior to the event.)
This waiver is unenforceable in Hawaii Persons who “owns or operates a business providing recreational activities to the public” cannot disclaim liability for negligence. However, they are not liable for inherent risks providing those risks are disclosed. (Haw. Rev. Stat. § 663-1.54) While a business might be tempted to include an unenforceable waiver to discourage someone suing, it’s a bad idea. Hawaii, like most other jurisdictions, have consumer protection laws against misleading and deceptive conduct - saying you cant sue when you can has been held to be such conduct.
It is any law protecting me from the people that distrubute a video of me falling the stairs and shared without my permision? No. Your permission is not necessary for distributing or watching that video. The recording was from your workplace, where your entitlement to privacy is quite limited unlike few settings such as (1) your attorney's office in the course of obtaining legal advice for which the disclosure was needed, or (2) your home. Even if such an entitlement existed, your decision to share that recording with the person who was with you generally constitutes a waiver of your right to privacy regarding that incident. The waiver would apply even if California had some legislation akin to the EU's GDPR. Your description nowhere indicates that that person had a statutory or equitable duty of confidentiality. It is also highly doubtful that you would wish to block the distribution of the video if people instead of mocking you expressed something pleasant or encouraging to you. people who I don't even know their names come to me to comment about the video and joke about not falling again. That is not unlawful in and of itself. Since the matter does not involve a protected category such as sex, race, religion, or disability, pursuing a claim of hostile work environment would be quite a stretch. It would also be futile because any relief would not cover outsiders who watch the video and feel like joking about it. The notion of harassment entails a pattern of conduct (meaning that a person engages twice or more in that conduct) that causes a reasonable person to feel annoyed or concerned for his safety. Even if someone engages makes a few jokes that cause you to get annoyed, any petition for restraining orders seems unlikely to succeed. Sooner rather than later, the jokes will get old and people will move on.
You could sue them for commercially exploiting your image without permission, so the waiver is necessary. It is entirely legal to require of tenants (even if weird) that they be part of an advertising campaign, in a specified way: it's also your right to refuse to sign. There is a minuscule chance that there is a local ordinance prohibiting such a clause.
AA &quot;requests&quot; that you remove batteries from checked laptops and put them in carry-on luggage. You must, per their contract of carriage, &quot;comply with airline safety rules&quot;, and they say that they can deny you boarding if you do not comply, which includes &quot;Are uncooperative, abusive, harassing, or show the potential to be while on board&quot;. You might then hope to sue them because you didn't violate any safety policy of theirs but they denied you your seat, but there's nothing in the contract that states &quot;The following is a complete list of policies&quot;. You should discuss this in more detail with your lawyer, but on the face of it there is no legal recourse, except of course a refund.
This is just saying that if they can’t host your event then the only remedy you get is your money back that your paid them (your deposit, advance payments, and of course your don’t owe final payments). It is there to make it clear that they are not responsible of any other money. What else might the client want them to refund? Other lost expenses. Non refundable deposits to the band, the florist, the caterer if this is just for the space. The non refundable airline tickets your relatives bought. Prepaid hotel rooms. They will not pay for any of that. The pandemic is a bit of a red herring because although that is of course the big thing now, it says any occurance whether or not the business caused it. The answers to your specific questions though are pretty trivial. -The business did not cause the pandemic or control the state health office (Irrelevant as noted) -There is nothing they can do about it. The state or county will allow the events when the situation improves. But even if say there was no state order but the venue for their own reasons or because they could not get enough staff cancelled, the answer would be the same.
How I understand your question You have asked about mechanisms to &quot;ensure the return&quot; or something that will &quot;trigger a law-enforcement or legal action if the child does not leave the US on the end of the submitted trip schedule.&quot; So I take it as premises of your question that there is a parenting agreement regarding schedule and return, and this trip will happen. Dale M's answer provides advice about what he recommends to a person in such a situation. However, I recognize that many parenting orders include a term that allows international travel that can't be unreasonably refused by the other parent,1 or that allow international travel with no consent necessary.2 There is no mechanism There is no mechanism to pre-register a potential violation of a parenting agreement with a foreign state. I cannot cite to a source to prove a negative, but I am familiar with the operation of the Hague Convention and non-Hague Convention regimes and none that I have encountered have such a mechanism. I have also spent some time looking to see if I have missed something, and am still convinced there is no such mechanism. 1. 2020 BCPC 16: &quot;He shall not unreasonably withhold his written consent to such a trip. If the parties are unable to reach an agreement, Y.N. has liberty to apply for a court order. If the court, on such application, finds that W.G. has unreasonably withheld his consent to such a trip, he is hereby put on notice that he may be ordered to pay Y.N.’s expenses incurred in bringing the application.&quot; 2. 2018 ABQB 1031 (&quot;Each party shall be entitled to travel internationally with the children without the consent of the other party upon providing 30 days notice of such travel along with a full itinerary including flight information, destination, where the parties are staying and contact information.&quot;); 2010 ABPC 410 (&quot;I will allow T.C. to travel outside the country without the written consent of the father.&quot;); 2021 ONCJ 440 (&quot;Either party may travel with the Child outside of Canada during his or her parenting time. The Father requires the consent of the Mother, such consent not to be unreasonably withheld. The Mother may travel internationally with the Child without the consent of the Father, but she must advise him accordingly.&quot;); 2020 ABQB 434 (&quot;either party may travel during their respective vacation or ordinary parenting time in Canada or internationally to any Hague Convention Country, without the consent of the other party&quot;); 2017 BCSC 1463 (&quot;The claimant is at liberty to travel with the Children both in Canada and internationally without the consent of the respondent.&quot;)
I like easy questions: you can’t. You can limit but not eliminate liability with people you have a contract with. You can’t limit liability with third parties. You need to consult a lawyer and buy insurance.
They need only take " reasonable measures", which is fairly subjective sounding... I know... But it just means that it's a fact dependent analysis taking into consideration all of the facts that are readily available. So, for example, it would be a different burden if you had 10,000 people coming, vs 10. If you post a sign saying no alcohol allowed on premises and you keep an eye out for blatant violations and deal w/ them accordingly you're fine. You're not duty bound to ensure that not a drop makes it in. It's basically meant to just keep you from serving it while not paying the higher licensing fee.