The ins and outs of waivers and the impact they may have on consumers.
Nigel Benetton’s article on the itinews website provides useful information about waivers. Defined as an intentional relinquishment of a right, claim or privilege, a waiver may be oral or written. It may also be a dispensation from a rule or penalty, or a deferment of a right.
As individuals we dispense waivers all the time, for example agreeing to ‘park at owner’s risk’ simply by driving in through the gate or signing a cell phone contract. There are also ‘insurance waivers’ which are signed by visitors, for example when entering a building site. Benetton’s view on such waivers is that if “You sign these you sign your life away, literally”.
Benetton encourages consumers to read all their contracts thoroughly, and ideally find out the legal niceties behind any waivers of liability. If drawn up correctly, waivers are legally enforceable, even where a consumer has no choice. The legal implications can be very onerous and may even be contrary to basic consumer rights. This is especially the case if an ‘excessive fee’ is charged for the provision of a waiver, or if a right is limited by an unfair and morally questionable liability exclusion notice. Benetton suggests that some form of regulatory guidelines should be drawn up to curb wiavers that amount to unfair business practices.
