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	<title>Comments on: Canvas Swimming Waiver And Release Mobile App.mp4</title>
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		<title>By: Abdo</title>
		<link>http://waiverform.org/waivers/canvas-swimming-waiver-and-release-mobile-app-mp4/#comment-249</link>
		<dc:creator>Abdo</dc:creator>
		<pubDate>Sun, 01 Apr 2012 05:40:55 +0000</pubDate>
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		<description><![CDATA[Well, if you combine most of the puveiors answers, you almost have a correct set of advice.  So let&#039;s cover the truth and the basics here, all in one place.First, it is correct that a waiver of liability is going to be a first line of defense to a lawsuit, but that it doesn&#039;t prevent lawsuits, nor does it absolutely protect from liability.  The waiver will, however, be valid, even if it doesn&#039;t list ALL possible potential for disaster (unlike what was stated above regarding  informed consent ).  For while informed consent is necessary to give permission for something, one does not need to be  fully informed  to provide informed consent.  Knowledge that it&#039;s not 100% safe is good enough.Second, the word  rental  does not have to mean that money actually changed hands for use of the boats.  The term  rent  can be used to describe something more akin to  borrowing .  Rent implies a contractual relationship, however, whereby one party gives something in exchange for the temporary right to use something else.  The answerer who talked about the hotel room charges applying here has it right.Third, actual liability will be assessed at the time of any given action.  You can even have a fully informed individual, who knows ALL of the risks involved in an activity, still successfully sue if they get hurt due to the behavior of the hotel.  The waiver will not act as a contract to not sue in the event of a  wrongful act  by the hotel, as you are not able to contract-away your liability for your wrongful behavior (ie: the hotel can get insurance to have someone cover some of the financial damages, but the HOTEL is still responsible, not the insurance company, for the ultimate payment of those damages).Good luck!]]></description>
		<content:encoded><![CDATA[<p>Well, if you combine most of the puveiors answers, you almost have a correct set of advice.  So let&#8217;s cover the truth and the basics here, all in one place.First, it is correct that a waiver of liability is going to be a first line of defense to a lawsuit, but that it doesn&#8217;t prevent lawsuits, nor does it absolutely protect from liability.  The waiver will, however, be valid, even if it doesn&#8217;t list ALL possible potential for disaster (unlike what was stated above regarding  informed consent ).  For while informed consent is necessary to give permission for something, one does not need to be  fully informed  to provide informed consent.  Knowledge that it&#8217;s not 100% safe is good enough.Second, the word  rental  does not have to mean that money actually changed hands for use of the boats.  The term  rent  can be used to describe something more akin to  borrowing .  Rent implies a contractual relationship, however, whereby one party gives something in exchange for the temporary right to use something else.  The answerer who talked about the hotel room charges applying here has it right.Third, actual liability will be assessed at the time of any given action.  You can even have a fully informed individual, who knows ALL of the risks involved in an activity, still successfully sue if they get hurt due to the behavior of the hotel.  The waiver will not act as a contract to not sue in the event of a  wrongful act  by the hotel, as you are not able to contract-away your liability for your wrongful behavior (ie: the hotel can get insurance to have someone cover some of the financial damages, but the HOTEL is still responsible, not the insurance company, for the ultimate payment of those damages).Good luck!</p>
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