RespondingBack wrote:
OP: Yes, I have seen these waiver and indemnity language at several commercial campgrounds in last year. If had not, wouldn't have started this thread. Seems like not too common yet or folks just haven't noticed the fine print.
No, will not mention their names (actually can think of only two at the moment). Have not tried a search on the web, but presumably might be able to find some published on the web.
On a somewhat humorous side note, have also seen automatic consent to having your photograph/video of you used for commercial purposes by an amusement park--you buy a ticket and enter. Language is broad and doesn't necessarily limit to a flattering portrayal of you for amusement park--could end up advertising laxatives for an "affiliate" of the amusement park.
I'm surprised I haven't seen any postings along the lines of (a) you should have read and understood the fine print, your responsibility (see those postings whenever folks complain about refund policies for reservations, warranties, campground policies, etc.), (b) you signed and agreed, so you should abide by those terms, etc.
Ultimately, these provisions may be things we can't do anything about (all in favor of more Walmart parking) unless federal or state laws abrogate these provisions, or courts toss them out. I believe makes it a more uphill battle to pursue claims.
Also don't like the whole concept of registering and signing a whole bunch of boilerplate, besides the waiver and indemnity.
What claims to you feel you will have an uphill battle pursuing? The law is very clear that any waiver you sign will not abrogate your rights to sue for Gross Negligence. I have seen a lot of people behaving stupidly at campgrounds, just like I have seen them behave stupidly everywhere else. Jrbirish's post lists a few things that everyone should know is stupid and dangerous, but people do anyway. I've watch people with metal handled brooms standing on top of their rigs, water hose blasting while they scrub away, all the time blissfully unaware that they are about two feet from making contact with the power lines that are 20 feet off the ground. If they should zap themselves into the afterlife, is that the park's fault? A waiver's purpose is not to defeat liability, it is to slow down the flow of people who think everything that happens is someone else's fault and who's first thought is to call a lawyer and try to win a jackpot in the legal system lottery.