Legal Question in Entertainment Law in Missouri

Should a waiver be returned

2 past members of our club are demanding there waivers back.

All members and guest have to singe a waiver to attend club events

Should we return there waivers or not

Asked on 5/28/02, 3:00 pm

2 Answers from Attorneys

Bruce Burdick Burdick Law Firm
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Re: Should a waiver be returned

Please specify what type of waiver you are talking about. A waiver of copyright? A waiver of right of privacy? A waiver of tort liability? A waiver of a guarantee? A waiver of real estate property rights?

I would think you would just give a photocopy of a waiver if someone wanted one.

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5/28/02, 4:45 pm
Lawrence Graves Coolidge & Graves PLLC
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Re: Should a waiver be returned

If your query is about a liability waiver (e.g., if attending a baseball game, the waiver would mean that the members/guests could not claim damages against the club if hit by an errant baseball), then the return of the waiver document is really not the important issue; rather, it is being used as a proxy for rescinding the waiver. A past member or guest has every right to rescind the waiver on a going-forward basis; conversely, they have no ability to nullify it as to prior events.

You can cheerfully return their waivers under cover of a letter that confirms that the waivers are ineffective as to future events (which they cannot attend unless they submit a new waiver), and confirm that the return of the waivers does not have any retroactive effect. Obviously, keep a copy for your records.

Best wishes,

LDWG

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5/29/02, 8:17 am

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