Forums: Climbing Information: Beginners: Re: [kennoyce] Rock Climbing Gym Waiver - WTF?!: Edit Log




j-s


Oct 12, 2012, 12:54 PM

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Registered: Aug 10, 2012
Posts: 7

Re: [kennoyce] Rock Climbing Gym Waiver - WTF?!
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+ 1000000.

In my area, the law is clear :

One cannot exclude or limit his liability if material injury resulted from an intentional or gross fault he committed. "Plain" and "simple" faults can be waived however.
Bodily and moral injury caused to another by one's fault, in my area at least, can never, in any way, be waived.

Still, we have to distinguish a fault from a pure accident, and also from the victims' own and only fault that led to this victim's bodily injury or material damage.

I don't think a gym could be liable, without the gym being negligent or anything, if a climber decided, on his own, and without proper accreditations and training, to take a go at lead climbing and fell to death.

Pure accidents, in the absence of negligence from any part, should not in my opinion make a gym liable (example : a climber bringing his own rope (visibly in a good state) at the gym, and that rope breaks when HE climbs. How could he ever hold a gym liable for that?

In other words, some of types liabilities can validly be waived, onthers, not. It depends on your state/country's laws.

Anyways, long story short, gyms use such waivers so that climbers not knowing the law will believe the paper they sign, and never undertake legal procedures against them.


(This post was edited by j-s on Oct 12, 2012, 1:01 PM)



Edit Log:
Post edited by j-s () on Oct 12, 2012, 12:56 PM
Post edited by j-s () on Oct 12, 2012, 12:57 PM
Post edited by j-s () on Oct 12, 2012, 12:58 PM
Post edited by j-s () on Oct 12, 2012, 12:59 PM
Post edited by j-s () on Oct 12, 2012, 1:00 PM
Post edited by j-s () on Oct 12, 2012, 1:01 PM


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