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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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