Have you tried riding a banana boat or the likes, then the company asks you to sign a waiver form?
What exactly are waiver forms?
A waiver is more of “a release of liability form”
A friend of mine recently wrote a ‘rant’ on Facebook,
The school was asking her to sign a waiver that states that the school will not be liable for the kid’s safety in the summer swimming class program – my friend was pissed, I mean, who wouldn’t be right?
Because schools should be responsible for your kid. That’s why you pay them so much in the first place.
In my teens, There was this camp that I joined and my parents had to sign a “waiver form” saying that I will be responsible with my own actions and that the camp organizers will not be liable with anything that might happen to me. We were around a hundred in that camp, the organizers were less than 20. A friend had a freak fall and hits his head on a rock. The organisers brought him to the hospital and had him stitched.
Did the camp organisers charge the hospital expenses to the guy/his family? No.
Why? What happened to the waiver? I’ll explain later.
Paintball & ATV
A few years ago, I went with a friend to play paintball (yes, one-on-one.) Left, is my friend Alan Bermudez or “bok” – We went to Global Gutz.
Global Gutz is the country’s leading paintball company. It happens to be owned by another friend of ours, Britz Torres. So we had fun. Got a couple of battle scars, sweat buckets and had extreme adrenaline rush.
Then we tried the ATVs.
Also in Global Gutz were ATV’s for rent. All-Terrain Vehicles are like dirt bikes with 4 wheels.
The course had little hills, rocky areas and mud roads.
We had the track to ourselves.
We were allowed to go around the course over and over again. (thanks to our friend Britz)
After hours of trying to kill each other with paint balls, and going around in circles around the dirt track in our rented ATVs – we slowed then and had a good chat with Mr.Sonny Torres, the father of our good friend Britz.
Me, Bok and Sir Sonny Torres had a little chitchat, but what I will never forget was this conversation –
Sir Sonny: “Nung isang linggo may customer dito, babae, nag-ATV, makulit, hindi nakikinig, nalaglag sa ATV, tumama yung ulo sa bato, ayun duguan.” “Last week we had a customer, female, she rented an ATV, she didnt listen to our rules, fell on the ATV, hits her head on a rock, she was bleeding”
Then I remember butting it, “Pero nag sign naman po ng waiver form kaya wall na kayong sagutin dun, kayo pa po ba nagdala sa ospital?” “But she signed a waiver form so you don’t have any responsibility with what happened to her, did you even bring her to the hospital?”
He said, “Alam mo, dalawang klase any liability. Legal at moral. Yung waiver, para sa legal responsibility yan. Pero walang waiver para sa moral responsibility” “There are 2 kinds of liability, legal and moral. The waiver is for the legal responsibility but there is no waiver for your moral liability”
He added, “Iba yung responsibilidad ng kumpanya, at responsibilidad ko” “The company’s responsibility is different from my responsibilities”
Seeesh. This happened November 11, 2011 – 3 freaking years ago.
But I never forgot that conversation. It made me a better businessman.
Most of the time, waivers are used to free the company of legal duties when something goes wrong. It makes sense.
It kinda scares the hell out of the customer as well, right?
But if you have a heart (like these guys from Global Gutz) you know words such as “moral” and “responsibility”
More power to Global Gutz. (They own Splash Island too!)
Wouldn’t it be nice to go to a place where you know that the people running the place actually “cares” about you?
If you own a business and your customers “take risks” how would you use waivers? Be smart!
That’s me choosing my gun and gearing up. #LegalWife Haha.
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