QUESTION

Can an entity add a clause that protects it from any legal action if it causes damage due to negligence

Asked on Feb 07th, 2014 on Contracts - Massachusetts
More details to this question:
I am going on an educational overseas tour conducted by the school. In the waiver of liability release it states "fully and irrevocably release ABC University and its officers, trustees, agents, employees and assigns ("Releasees") from any and all liability for loss, harm damage, injury, claims, demands actions, costs and expenses of any nature whatsoever, whether in law or equity ("Claims") which the Participant may have or which may hereafter accrue arising out of or related to Participant's enrollment in the Education Abroad Program, including but not limited to, claims of personal injury, death, damage to property or other, whether caused by the negligence, omission or carelessness of ABC University or its agents. Is this legally allowed?
Report Abuse

1 ANSWER

Bankruptcy Attorney serving Cambridge, MA at Law Office of Greg Krikorian LLC
Update Your Profile
A Participation Waiver is a quid pro quo contract (I'll let you participate only if you release me from all liabilites) is perfectly legal in MA and enforceable for Ordinary Negligence but does not protect a tortfeasor for Gross Negligence (failure to adhere to the standard/duty of care of a foreseeable event)
Answered on Feb 13th, 2014 at 1:09 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters