Release Me from the Release
Sunday, November 25, 2007 at 00:00
By Marcel Strigberger
There is yet another disadvantage to being a lawyer. And that is that you cannot always enjoy some of the simple pleasures in life, such as renting a small boat.
Actually it has nothing to do with the boat itself. What unnerves me is the release of liability the renting outfit wants you to sign. These make me squirm.
Recently I was in Muskoka watching dozens of people on the lake in pleasure craft of various sizes and shapes. My teenage son Gabriel wanted in and he urged us to rent a powerboat from the nearby hotel.
I had never operated a boat in my life. But I decided to go for it after the student dock attendant Amber assured me that with this boat I would be as safe as I'd be in my own bathtub. Right.
Into the boat we went. As I was getting comfortable Amber handed me a clipboard and asked me to "just sign this." A quick glance askance confirmed that this was that dreaded release.
By signing same I acknowledged that I had inspected the vessel and that I found it to be in good working order. I acknowledged further that there was a tank full of gas. Actually I did not even know where the gas tank was. Amber assured me that the tank was full while simultaneously asking Gabriel to stop playing with the emergency back up oars.
By signing I also agreed that all equipment that should be on the boat was on the boat. It was comforting to have Amber point out the boat's water bailer.
The release also graciously released the hotel from all liability for any and all damages however caused. My signing would even indemnify the owner against any claims made by others against it as a result of my operation of the boat. I visualized gas leaking out of the engine into the lake and me getting embroiled in a lawsuit rivalling proceedings launched against the Exxon Valdez.
"It's just a formality, nothing is going to happen", said Amber as she helped me take off my life jacket and put it on frontward.
"I'm not signing this, no way Jose", I said, struggling to untie the vest's bow tie knot.
My mind fast-forwarded to a courtroom scene where a boat renter sues the hotel for damages where the boat is tipped over by the resident Loch monster. I should say a renter other than a lawyer. The judge would be more sympathetic:
"Oh yes we all know what the defendant intended by this clause. It expected to be absolved of all liability however caused. But if it meant this it should have said it clearly. The plaintiff is a layman. He is not a lawyer. What does he know of releases? Nowhere does it say anything about the owner being absolved from liability if the boat is attacked by Monster Marvin. I find for the plaintiff"
Being a lawyer however I visualised a different scenario if I were the plaintiff:
"The plaintiff, himself a lawyer, argues unforseeability. Ha! As a lawyer he knew or ought to have known that a release is a release. It was reasonably foreseeable to him that there might be a monster in that Loch. If he wanted the release to exempt this contingency he could simply have amended it, adding, "Monster Marvin excluded." Action dismissed with costs"
I was out of here.
My wife and son then laid it on the line. Either we take the boat ride or they move to one of those deserted islands on the lake and stay there.
As I was being pestered I thought for a moment that this scenario might have some merit.
I looked at that outrageous document again and I took Amber's Bic and made a major alteration to the release. To protect my legal rights I wrote down next to the words, "However caused", something very lawyerly. I scribbled, "I don't like signing this."
I did mumble something about Monster Marvin but they all just looked at me strangely.
We casted off to my nautical shout: "I'm not going to enjoy this ride".
Fortunately both the family and of more importance to the hotel, the boat, returned in good form, but not without me undergoing forty five minutes of trepidation, about the release of course.
The other day Gabriel approached me saying nearby there was this new bungee jump. I told him that he can go if he wanted to but that rather than sign their anticipated release, I would sooner jump myself, without a harness.
There is yet another disadvantage to being a lawyer. And that is that you cannot always enjoy some of the simple pleasures in life, such as renting a small boat.
Actually it has nothing to do with the boat itself. What unnerves me is the release of liability the renting outfit wants you to sign. These make me squirm.
Recently I was in Muskoka watching dozens of people on the lake in pleasure craft of various sizes and shapes. My teenage son Gabriel wanted in and he urged us to rent a powerboat from the nearby hotel.
I had never operated a boat in my life. But I decided to go for it after the student dock attendant Amber assured me that with this boat I would be as safe as I'd be in my own bathtub. Right.
Into the boat we went. As I was getting comfortable Amber handed me a clipboard and asked me to "just sign this." A quick glance askance confirmed that this was that dreaded release.
By signing same I acknowledged that I had inspected the vessel and that I found it to be in good working order. I acknowledged further that there was a tank full of gas. Actually I did not even know where the gas tank was. Amber assured me that the tank was full while simultaneously asking Gabriel to stop playing with the emergency back up oars.
By signing I also agreed that all equipment that should be on the boat was on the boat. It was comforting to have Amber point out the boat's water bailer.
The release also graciously released the hotel from all liability for any and all damages however caused. My signing would even indemnify the owner against any claims made by others against it as a result of my operation of the boat. I visualized gas leaking out of the engine into the lake and me getting embroiled in a lawsuit rivalling proceedings launched against the Exxon Valdez.
"It's just a formality, nothing is going to happen", said Amber as she helped me take off my life jacket and put it on frontward.
"I'm not signing this, no way Jose", I said, struggling to untie the vest's bow tie knot.
My mind fast-forwarded to a courtroom scene where a boat renter sues the hotel for damages where the boat is tipped over by the resident Loch monster. I should say a renter other than a lawyer. The judge would be more sympathetic:
"Oh yes we all know what the defendant intended by this clause. It expected to be absolved of all liability however caused. But if it meant this it should have said it clearly. The plaintiff is a layman. He is not a lawyer. What does he know of releases? Nowhere does it say anything about the owner being absolved from liability if the boat is attacked by Monster Marvin. I find for the plaintiff"
Being a lawyer however I visualised a different scenario if I were the plaintiff:
"The plaintiff, himself a lawyer, argues unforseeability. Ha! As a lawyer he knew or ought to have known that a release is a release. It was reasonably foreseeable to him that there might be a monster in that Loch. If he wanted the release to exempt this contingency he could simply have amended it, adding, "Monster Marvin excluded." Action dismissed with costs"
I was out of here.
My wife and son then laid it on the line. Either we take the boat ride or they move to one of those deserted islands on the lake and stay there.
As I was being pestered I thought for a moment that this scenario might have some merit.
I looked at that outrageous document again and I took Amber's Bic and made a major alteration to the release. To protect my legal rights I wrote down next to the words, "However caused", something very lawyerly. I scribbled, "I don't like signing this."
I did mumble something about Monster Marvin but they all just looked at me strangely.
We casted off to my nautical shout: "I'm not going to enjoy this ride".
Fortunately both the family and of more importance to the hotel, the boat, returned in good form, but not without me undergoing forty five minutes of trepidation, about the release of course.
The other day Gabriel approached me saying nearby there was this new bungee jump. I told him that he can go if he wanted to but that rather than sign their anticipated release, I would sooner jump myself, without a harness.
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© 2007 Marcel Strigberger. This article CANNOT be copied or reproduced in any way without the expressed written consent of the Author.
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