Dylan Smith wrote:
Ah, that does work then. I keep hearing people say "But you can't
sign
away the rights of your relatives to sue" - sure you can't - but if
the
waiver says "I hold harmless AND INDEMNIFY..." - that means if your
relatives do sue, your estate gets to pay anyway because you agreed
to
indemnify.
Well, it CAN work. If you just say "and indemnify" then it very likely
may not, because the judge is likely to assume that the average person
doesn't know what this means. But if you spell it out in plain english
(american, really) as well, then the judge is likely to see it
differently.
This is one of the points discussed in Hulsey v. Elsinore. Really
worth reading - it gives great insight into how judges think, and the
decision is quite comprehensible to the layman.
Michael
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