I have seen the same disclaimer in car service/repair businesses.
In Newcastle once I crossed out a clause on an Authorisation to Work in a VERY large
dealership.
During the day that the car was in their care and keeping someone backed another vehicle
with a tow bar right thru the drivers side door.
The clause said that I indemnified the dealership against damage however caused by them.
They tried to withhold the vehicle until I authorised with my card a debit of $4000-odd
which was their estimate of cost of repair.
They were mortified when I asked them to produce the document. My legal people said that
the clause was likely not enforcable anyway, but who wants the fight?
I see the same disclaimer on the work sheet of most "Orders" to do the work at all brands
of dealership.
If you have to sign T's&C's then a contract is being formed.
There are a couple of things to remember.
1. The document forms their offer. You are under no obligation to accept it. You can alter it and then that forms your counter offer.
2. If they accept your counter offer, a contract is formed on that basis.
3. A contract cannot be considered unconscionable. If it has terms in it which are unconscionable they can be ruled out in any future action or could even make the entire contract null and void depending on the clause.
4. Many documents like this are written in the hope people will just sign on the dotted line and will fold If the firm applies the contract to them, even though the clause may very well be considered unconscionable, so it is worthwhile reading it through and excluding such clauses in the first instant.
You will usually find that they will still accept your booking, but you have safe guarded yourself against a possible unscrupulous operator.
If you have to sign T's&C's then a contract is being formed. There are a couple of things to remember. 1. The document forms their offer. You are under no obligation to accept it. You can alter it and then that forms your counter offer. 2. If they accept your counter offer, a contract is formed on that basis. 3. A contract cannot be considered unconscionable. If it has terms in it which are unconscionable they can be ruled out in any future action or could even make the entire contract null and void depending on the clause. 4. Many documents like this are written in the hope people will just sign on the dotted line and will fold If the firm applies the contract to them, even though the clause may very well be considered unconscionable, so it is worthwhile reading it through and excluding such clauses in the first instant. You will usually find that they will still accept your booking, but you have safe guarded yourself against a possible unscrupulous operator.
Perfectly explained. Unfortunately too many people do not read said contract, get in trouble and then
It depends what the circumstances of the event are. If there is a sign saying that the owner of the park will not be liable for any damages that may occur and the owner is negligent in any act or failure to act they may still be liable no matter what the T and C may say.
You cannot contract out of negligence. If someone is injured or killed or suffers loss what you may have signed is immaterial. If it is obvious that there is a major risk then the maxim of volenti non fit injuria may apply. This means that a person who willingly took the risk and was aware of the dangers would have damages greatly reduced or even totally refused in a claim for personal injury.
These were known as "ticket cases", the example being admittance to an event and on the back of the ticket was a list of things that the owner sought to have excluded. Goes back hundreds of years with the majority of the so called exclusions being excluded.
