Dangerous Campgrounds
http://blog.civiliansguidetolawyers.com/2013/01/24/sticky-business-non-negotiable-adhesion-contract-arms-race/
Let's see if this thread gets deleted.
I've noticed that more and more campgrounds give you a release to sign upon registering. The release is usually in tiny print, may be part of your registration form or a separate paper, and full of boilerplate legalese. As each campground will have a different release form, it's hard to know what it covers, especially subject to various state laws. Also, the release will not specify the exact claim you are releasing.
I can understand some rationale for a release, such as assuming the risk of using the swimming pool (know how to swim) without a lifeguard, hiking on trails in the boonies, using a kayak, etc. But let's take some of these releases to their extremes.
1. Release. The release may have you (and your estate, on behalf of your visitors, etc) release (waive) any claims you may have against the campground, owners, employees, etc. for:
A. Assumption of risk activities like using swimming pool, using weight equipment (and spraining a shoulder), hiking on trails, using ATVs, etc.
B. Negligence by the campground. For example, miswiring shorepower or the swimming pool so you get electrocuted, running a campground truck into your RV, not removing dead trees which fall on your RV, filling in a sinkhole and having you park on top of it, letting your credit card information and other personal information get posted all over the Internet, etc. Besides negligence, the release may try to cover other acts, perhaps far-fetched, like an ax-wielding employee (campground hires anybody), etc.
C. Contractual obligations. You waive any claim for reimbursement because there is no electrical, no hot water, nothing works, etc.
2. Hold Harmless, Defend and Indemnify
This is where the forms become really fun. The campground now turns you into their insurer. Not only have you released your claims against the campground, but you must defend the campground, insure their losses, etc., from anyone who files a claim against them--like:
A. You and Family Members
Despite signing the release, you sue anyways on the theory that the form is unenforceable as against public policy, an adhesion contract, etc. While part may be unenforceable, maybe the other parts of indemnity are not.
B. Your Invitees/Visitors
Your friends come and visit, and slip on the swimming pool decking which the campground employees just spilled oil. Your friend sues campground, and campground sues you to pick up the tab.
C. Your Own Insurance Company
So you slip and fall, and get your own health insurer to cover. Or the dead tree falls on your RV, and your RV insurer pays you.
Then, your insurance companies seek reimbursement from the campground. And the campground seeks their attorney fees, costs, etc., from you.
In addition, your insurance companies may be irked at you, saying you had no right to obligate yourself and your insurance companies under the campground form release (and maybe your insurance companies won't cover you).
D. Third Parties.
Somebody else sues campground, and campground thinks you should be responsible to defend them. For example, you are parked in the dry camping area and run your generator during the posted allowable times. Unbeknownst to you, there is a town ordinance prohibiting a certain noise at a certain time, and town fines campground big-time for this 100th violation on an escalating scale.
These forms may be compounded by mandatory arbitration (biased toward campground) and inconvenient state locale/jurisdiction. Different state laws will enforce these forms to various extents.
This is not just an issue with campgrounds. Other businesses (hospitals, docs, stores, repair, etc.) May have boilerplate fine-print release and indemnity type language which attempts to take away your rights and then turn you into their insurer.
How about this far-fetched example--a car repair shop botches up a brake job and you lose brakes and get into an accident and hit another car. Not only does the car repair shop expect to keep the brake repair payment, they expect you not to sue for the damage to you, your passengers, your car, but also to defend and insure them against the other car you hit.
Taken to the extreme, every business would have a form saying you waive all your rights against them, and agree to be the deep-pocket insurance company.
Let's see if this thread gets deleted.
I've noticed that more and more campgrounds give you a release to sign upon registering. The release is usually in tiny print, may be part of your registration form or a separate paper, and full of boilerplate legalese. As each campground will have a different release form, it's hard to know what it covers, especially subject to various state laws. Also, the release will not specify the exact claim you are releasing.
I can understand some rationale for a release, such as assuming the risk of using the swimming pool (know how to swim) without a lifeguard, hiking on trails in the boonies, using a kayak, etc. But let's take some of these releases to their extremes.
1. Release. The release may have you (and your estate, on behalf of your visitors, etc) release (waive) any claims you may have against the campground, owners, employees, etc. for:
A. Assumption of risk activities like using swimming pool, using weight equipment (and spraining a shoulder), hiking on trails, using ATVs, etc.
B. Negligence by the campground. For example, miswiring shorepower or the swimming pool so you get electrocuted, running a campground truck into your RV, not removing dead trees which fall on your RV, filling in a sinkhole and having you park on top of it, letting your credit card information and other personal information get posted all over the Internet, etc. Besides negligence, the release may try to cover other acts, perhaps far-fetched, like an ax-wielding employee (campground hires anybody), etc.
C. Contractual obligations. You waive any claim for reimbursement because there is no electrical, no hot water, nothing works, etc.
2. Hold Harmless, Defend and Indemnify
This is where the forms become really fun. The campground now turns you into their insurer. Not only have you released your claims against the campground, but you must defend the campground, insure their losses, etc., from anyone who files a claim against them--like:
A. You and Family Members
Despite signing the release, you sue anyways on the theory that the form is unenforceable as against public policy, an adhesion contract, etc. While part may be unenforceable, maybe the other parts of indemnity are not.
B. Your Invitees/Visitors
Your friends come and visit, and slip on the swimming pool decking which the campground employees just spilled oil. Your friend sues campground, and campground sues you to pick up the tab.
C. Your Own Insurance Company
So you slip and fall, and get your own health insurer to cover. Or the dead tree falls on your RV, and your RV insurer pays you.
Then, your insurance companies seek reimbursement from the campground. And the campground seeks their attorney fees, costs, etc., from you.
In addition, your insurance companies may be irked at you, saying you had no right to obligate yourself and your insurance companies under the campground form release (and maybe your insurance companies won't cover you).
D. Third Parties.
Somebody else sues campground, and campground thinks you should be responsible to defend them. For example, you are parked in the dry camping area and run your generator during the posted allowable times. Unbeknownst to you, there is a town ordinance prohibiting a certain noise at a certain time, and town fines campground big-time for this 100th violation on an escalating scale.
These forms may be compounded by mandatory arbitration (biased toward campground) and inconvenient state locale/jurisdiction. Different state laws will enforce these forms to various extents.
This is not just an issue with campgrounds. Other businesses (hospitals, docs, stores, repair, etc.) May have boilerplate fine-print release and indemnity type language which attempts to take away your rights and then turn you into their insurer.
How about this far-fetched example--a car repair shop botches up a brake job and you lose brakes and get into an accident and hit another car. Not only does the car repair shop expect to keep the brake repair payment, they expect you not to sue for the damage to you, your passengers, your car, but also to defend and insure them against the other car you hit.
Taken to the extreme, every business would have a form saying you waive all your rights against them, and agree to be the deep-pocket insurance company.
