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

To: 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.