[GeoStL] Re: Legal Thread
- From: Glenn <GLNash@xxxxxxxxxx>
- To: geocaching@xxxxxxxxxxxxx
- Date: Tue, 31 Jul 2007 09:21:37 -0500
-
Yep, in a big ole box with a warning symbol of some sort and a link to
the ToU..
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Andrew Senger wrote:
The TOU *is* a part of the cache description. It's written on every
cache page. I don't have access to the Internet right now, so I can't
give you a direct quote, but it's similar to "By participating in this
activity, you agree to be bound by Groundspeak's Terms of Use" with a
link to the ToU.
Before doing something dangerous or life-threatening, such as sky
diving or bungee jumping, you sign a contract. The contract states
that the company isn't liable for any damages incurred while
performing the activity. However, any lawyer will tell you that if
the company was negligent in their duties (didn't pack the chute
correctly or the bungee cord broke) the contract does nothing to
prevent them from the injuries.
I would think that a lawsuit against a cache placer to hold, the cache
seeker would have to prove that the hider was negligent in their
duties as a cache placer. I agree that if the seek involves rough
terrain or obvious dangers, it should be noted. However, no one can
foresee everything. Should the placer state that wild animals may be
present or that there's a 100' drop-off a half-mile from the cache?
Andrew (yawetag)
----- Original Message -----
*From:* Mike Lusicic <mailto:lusicic@xxxxxxxxxxxxx>
*To:* geocaching@xxxxxxxxxxxxx <mailto:geocaching@xxxxxxxxxxxxx>
*Sent:* Tuesday, July 31, 2007 08:34
*Subject:* [GeoStL] Re: Legal Thread
- Well, if a simple "Terms of Use" works for Groundspeak, then I
would recommend a similar text be part of the cache description.
However, even though I am not a lawyer, I think that a TOU will
still not work in cases of negligence. Just like when you park
your car, you normally get a receipt that states that "no bailment
is created", but in truth there is. They just print that on the
ticket to discourage you from doing anything if something did
happen. The words mean nothing even though they are printed and
consent is implied when you accept the receipt. Putting a
disclaimer in your web text certainly would do at least as much as
the TOU for Groudspeak I would think.
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