In Contract Law, if one work in a waiver is invalid, (Rental is used, when you give to them free) is it void?

Question

I work for a large hotel on the ocean in Alabama. We have boats we let guests use Free of Charge, if they sign a waiver of no liability if something should happen. They get hurt or drown.

In the waiver, the word "rental" is used 3-4 times. We do not accept anything for the use of the boats. they are free. Does this make the contract or waiver invalid and void?

Answer 1

Well, if you combine most of the previous answers, you almost have a correct set of advice. So let'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't prevent lawsuits, nor does it absolutely protect from liability. The waiver will, however, be valid, even if it doesn'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'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!

Answer 2

A waiver is generally not worth the paper it is written on. It is merely a "scare" tactic to limit potential liability. Some people think I signed a waiver so I can't sue. Wrong!

The problem is the waiver has to be informed, voluntary and even in some cases without stipulations. Are you informing the guest of every potential hazard in the gulf before they take the boat? Of course you aren't thus the waiverer is not fully informed!!!!! and waiver or no waiver, your hotel will still be liable if anything such as a death or injury.

You do mean a hotel on the gulf and not the "ocean" correct?

Answer 3

I'm going to presume that the word 'rental' implies that when a guest pays for a room at the hotel that the privilege to use the boat is included as a cost benefit, hence a rental...where the rental fee was paid up front as part of the room rates, rather than at the boat dock. Similar to paying for a room, but you get to use the sauna, swimming pool and exercise room and some hotels throw in bike rentals as well, as a means of competition.

Answer 4

the contract is void. A hotel can't provide any service for free. i would never allow the guests to use anything for free. you are in extreme danger of future lawsuits. i would get insurance on the boats and charge fees for the rental.

Answer 5

Not necessarily. But it does give a rather large opportunity for a skillful attorney to attempt to obtain such a ruling.

If you know someone who is a paralegal in your area, or simply good at legal research, have them look up similar cases. Those rulings, because of stare decisis (the judge's requirement to give weight to legal precedent) will help you predict the outcome of any litigation.