Waiver to go roller skating

[AlertCoralRobin]

I went to a roller skating place that serves food as well. It's kid friendly.

I had to sign a waiver saying they could use my images and also if anything was to happen, not their fault.

Am I thinking this is over the top?

Also had to provide all my personal details like address, email, name, telephone number.... Which seems over the top. However it also had other people's email address come up as auto fill, so GDPR issue?

Surely we don't just sign away our rights?

Have you read the disclaimer. It's all claims. In capitals

You are missing the point and you should be getting your knickers in a twist.

If an activity is risky (And roller skating isn't) than they need their waivers to actually be factual and provide the necessary information. They don't.

And heaven forbid someone actually gets hurt and when they don't have money or the knowledge to go to legal, because the waiver says ALL CLAIMS... Than it's clear there is a break down.

How about companies stop being so shitty and actually stick to the law.

Including GDPR

Oh fuck me.

They could put it in purple ink for all I care.

Still not legally enforceable.

This exactly. They can get you sign whatever but it won't remove their legal obligations.

I would be very annoyed though at having to agree they can use my image. That's not ok at all. There's lots and lots of reasons some people would not be ok with this including those with foster or adopted children. Think it is very unfair if there line is that such children should be excluded?

A lot of waivers aren’t legally enforceable, it’s a bit like the legal principle that “contract cannot override statute” so I really wouldn’t give it too much headspace.

OP I'm with you and find these things extremely annoying. Given that they're barely legally enforceable anyway, it seems the purpose is to get your information. If it was about safety risk, they would have all entrants watch a short safety video (arguably more effective anyway considering variations of reading comprehension).

I hate giving out information when it shouldn't be neccesary, but do it anyway so the kids don't miss out. Not sure there's a solution tbh without some sort of mass boycott (wouldn't happen) to force these companies to change processes

Meh, I have three teenage DS and pretty much everything we do requires some sort of waiver. I must've signed hundreds. As PP have said, it's to stop vexatious claims for any activity that carries even a remote risk of injury. However they word it, no business can absolve themselves from gross negligence.

Yes but as everyone is saying the law isn't superseded by a waiver.

That's the same with anything - that's why we have courts who makes these judgements if needed on fault and/or negligence or accident etc.

In addition to other comments raised is to the dubious enforceability, waivers signed by minors (or by a parent/guardian on their behalf) are generally not enforceable either.

The main reason they're used, in relation to children, is to deter people from trying to make a claim in the first place.

They can put All Claims in a waiver all they want but it's not legally enforcable in a court of law if the establishment was clearly at fault for death or injury. I'm not sure why you can't wrap your head around this despite numerous people telling you so. If it bothers you so much don't sign and don't go. It's pretty simple.

You must be the only person ever to have given more than two seconds thought to these waivers. Just sign the fucking thing and get your skates on.

They'll be making you sign a waiver to work next Jesus Christ 🙄

I’m a surgeon not a roller skater

I actually sort of agree with the OP in principle. I don't think it's an ideal state of affairs how widely and freely waivers of dubious enforceability are used, particularly between companies and the general public.

Yes, I do expect people with the most serious injuries will still seek legal advice, but something doesn't sit right about the practice of tricking people into thinking they have given up their legal rights.

Unfortunately it states ALL CLAIMS

You don’t fully grasp the liability aspect. Irrespective of ‘all claims’ it only pertains to one’s with risk not caused by their negligence.

So, if you fell over roller skating and broke your arm - not their problem, if you crash with another skater or into a barrier - not their problem, if your hand is on the ground and run over by a skater - not their problem, if a wheel flies off the roller skate and you crash - not their problem.

If the roof of the facility collapses, or if their is a gas leak - yes, it is their problem and a court would view it as such irrespective of what they put in the waiver and you have signed.

When mine were young I used to sign such waivers all the time. In the full knowledge that if the roof fell in etc they would indeed be liable irrespective. It’s very simple. Not really race home and lather up on Mumsnet worthy.

Doesn’t matter what it says in the UK you cannot sign away the right to claim against gross negligence or death.

I haven’t read all the posts but the term waiver is a hang over from the US where you are required in signing one to waive your rights to sue. However in uk law that’s not the case. If an injury occurs as a result of a failing on their part you have the right to sue or if it’s a reportable injury then the authorities will investigate and prosecute on your behalf. Usually a waiver here is really just an acknowledgment of the potential risks involved.

These things are entirely standard. I'm not sure how many of the companies which use them have taken legal advice as to their effectiveness as most of them are questionable (for example, a company can't contract out of liability for death or personal injury caused by negligence). I just sign them, enjoy/let my DC enjoy the activities and think that I'll deal with any issues afterwards. With most of these things, the worst that happens is a sprained or broken limb which could just as easily happen playing sport.

You could find your answer with a basic Google such as

can a company exclude responsibility for death

I agree I think the fact they mention negligence on their part isn’t enforceable (which is obviously not going to hold up) is pretty poor form

If you don’t wanna sign the waiver then don’t go.

Im not sure how long you’ve been on MN but it’s not really the done thing to ask a question and then be arsey to the perfectly kind and normal replies.

None of us work for this place so perhaps take your arsiness to the venue rather than MN?

It does say that but the PP is saying it is not legally enforceable. Whatever policies a private business may come up with, they cannot be held above laws. So if the law says you have to ensure H&S on premises by providing lighting, ventilation and safe maintenance of equipment, their policy can say whatever they want but they will still be liable if taken to court.
It's the same with hairdressers and patch-testing for colour. You can sign as many waivers as you like saying that you understand the risks and don't want a patch test but if you were to die as a result of anaphylaxis, the hairdressers will be investigated and more than likely found liable for your death.

Yes this.

Standard innit.

Just sign and have a nice time.

Yes, I know someone who went to a trampoline park and wanted to shoot his daughter into the air so made her stand on one end of a trampoline and he jumped in to the other end so she’d go high. She broke her arm, because science means the velocity of a small child flying high suddenly delivers bone breaking force. The trampoline park DID mention to not do this in the safety demo but he did anyway. Waivers are to cover for total fuckwits like him. They did try to sue and failed v early on IIRC. they disregarded safety protocol that they were told about very clearly. Sadly some people are so stupid that waivers have to be enforced.

Of course roller skating is a risky activity, same as ice skating. I’m sure they have multiple people/children having accidents or even breaking bones every month.

The point is, if you fall over a break a bone, you can’t sue them as you signed a waiver saying you knew the risks. It’s that simple OP, don’t overthink it.