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Do the roo tickets have in the disclaimer that they are not responsible for death or injury, even if caused by their own gross negligence? It's on the firefly disclaimer.
Post by atlenergyguy on Feb 21, 2013 17:23:50 GMT -5
They should...
I'm not totally sure that that disclaimer would hold up and get them out of everything. If there's gross negligence I would imagine there would be grounds for a case.
They don't specifically say "death" in the disclaimer that went with this year's ticket confirmation email but they cover their asses pretty well:
"Ticket user assumes all risks of personal injury incidental to the event, whether occurring prior to, during or subsequent to the event. Ticket holder assumes all risk related to the open outdoor setting of the event, including rain, wind, sun exposure, temperature, hail, lightning, and other severe weather risks."
1. I expressly acknowledge and agree that the activities of the Event involve the risk of serious injury and/or death and/or property damage. I expressly agree that the following Release/Waiver/Indemnity Agreement is intended to be as broad and inclusive as permitted by the law of the State of Delaware, and that if any portion is held invalid, it is agreed that the balance shall continue in full legal force and effect. 2. I voluntarily, knowingly and freely assume all risks associated with attending the Event and entering the Premises, including, but not limited to, my own actions or inactions (or the actions/inactions of my minor child/ward), the actions or inactions of others (including Event attendees, staff or volunteers), injuries, illness, contact with others (including Event attendees, staff or volunteers), artists' use of strobe lights, premises defects and the effects of weather, including high heat and/or humidity. 3. I agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by RFE through its employees, representatives or agents, and to abide by any decision of any Event official relative to my ability to safely attend the Event. 4. I certify that I have no medical condition that would make my attendance at the Event more hazardous
AND THEN 16 15. I understand and agree that RFE reserves the right to cancel the Event in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots or for any reason that, in RFE’s discretion, will protect the safety and security of Event participants and spectators. In the event of such cancellation, there will be no refund of my ticket purchase. 16. I recognize and acknowledge that there are hazards and risks of physical injury or illness to Event attendees and that not all such hazards or risks can be fully eliminated. I freely and voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity, that I (or my child/ward) may sustain as a result of my attendance at the Event, whether or not caused by the negligence or gross negligence of the Releasees. 17. I indemnify and hold harmless the Releasees from any loss, liability, damage or cost they may incur while I am at the Event or on the Premises, whether or not caused by the negligence or gross negligence of the Releasees. 18. I release, waive, discharge and covenant not to sue the Releasees from all liability to me, my personal representatives, assigns, heirs and next of kin, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with my (or my child’s/ward's) attendance at the Event or while on the Premises, whether or not caused by the negligence or gross negligence of the Releasees. ...and they can cancel with no refund?
Post by PosterNutbag on Feb 21, 2013 22:18:23 GMT -5
3. I agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by RFE through its employees, representatives or agents, and to abide by any decision of any Event official relative to my ability to safely attend the Event.
3. I agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by RFE through its employees, representatives or agents, and to abide by any decision of any Event official relative to my ability to safely attend the Event.
faaaaaaart I'm out
Wait what do you mean I have to listen to the staff and be reasonable? BUT THIS IS BONNAROO BRAH!
AND THEN 16 15. I understand and agree that RFE reserves the right to cancel the Event in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots or for any reason that, in RFE’s discretion, will protect the safety and security of Event participants and spectators. In the event of such cancellation, there will be no refund of my ticket purchase. 16. I recognize and acknowledge that there are hazards and risks of physical injury or illness to Event attendees and that not all such hazards or risks can be fully eliminated. I freely and voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity, that I (or my child/ward) may sustain as a result of my attendance at the Event, whether or not caused by the negligence or gross negligence of the Releasees. 17. I indemnify and hold harmless the Releasees from any loss, liability, damage or cost they may incur while I am at the Event or on the Premises, whether or not caused by the negligence or gross negligence of the Releasees. 18. I release, waive, discharge and covenant not to sue the Releasees from all liability to me, my personal representatives, assigns, heirs and next of kin, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with my (or my child’s/ward's) attendance at the Event or while on the Premises, whether or not caused by the negligence or gross negligence of the Releasees. ...and they can cancel with no refund?
# 15 makes no sense to me with the "no refund" deal
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16. I recognize and acknowledge that there are hazards and risks of physical injury or illness to Event attendees and that not all such hazards or risks can be fully eliminated. I freely and voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity, that I (or my child/ward) may sustain as a result of my attendance at the Event, whether or not caused by the negligence or gross negligence of the Releasees.
I know it is a stretch of a comparison, but this reminds me of a popcorn manufacturer putting a "CAUTION: MAY CONTAIN KERNELS" label on the side of their bag.
Hypothetical scenario:
Let's say you got a bag of popcorn that has lots of little gimp popcorn kernels, and half the bag of kernels isn't even popped. Then you chip your tooth on a piece of popcorn that you thought was popped, but low and behold-- it was a kernel! You chip your tooth on the kernel and file a claim with manufacturer.
Clearly the negligence of the manufacturer was at fault as to why you chipped your tooth--they f'ed up the bag, after all! But you still would have no luck in court because when you eat popcorn, there is an assumed risk of encountering half-popped kernels that may damage your teeth.
Popcorn has kernels, theme park roller coasters malfunction, and bad bad stuff happens at festivals. My hypothesis on why #16 is there: so they can say "told you so" in court and look less liable.
AND THEN 16 15. I understand and agree that RFE reserves the right to cancel the Event in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots or for any reason that, in RFE’s discretion, will protect the safety and security of Event participants and spectators. In the event of such cancellation, there will be no refund of my ticket purchase. 16. I recognize and acknowledge that there are hazards and risks of physical injury or illness to Event attendees and that not all such hazards or risks can be fully eliminated. I freely and voluntarily agree to assume the full risk of death, bodily injury or property damage, regardless of severity, that I (or my child/ward) may sustain as a result of my attendance at the Event, whether or not caused by the negligence or gross negligence of the Releasees. 17. I indemnify and hold harmless the Releasees from any loss, liability, damage or cost they may incur while I am at the Event or on the Premises, whether or not caused by the negligence or gross negligence of the Releasees. 18. I release, waive, discharge and covenant not to sue the Releasees from all liability to me, my personal representatives, assigns, heirs and next of kin, for any claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with my (or my child’s/ward's) attendance at the Event or while on the Premises, whether or not caused by the negligence or gross negligence of the Releasees. ...and they can cancel with no refund?
# 15 makes no sense to me with the "no refund" deal
For real! I need to read the fine print more often!
I'm obviously not planning a lawsuit and I know there are risks with festivals just like anything else. I was good with everything except the gross negligence part. Still going and not worried about it in the least...I was just surprised by that.
My hypothesis on why #16 is there: so they can say "told you so" in court and look less liable.
