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Waiver Form No Bar to Injury Claim

This claimant signed a membership waiver before being injured in a jiu-jitsu competition. He claimed the Jiu-Jitsu Academy was negligent in allowing him to compete in a higher weight class. The defendants however denied negligence and relied on two signed waiver forms preventing this slip and fall claim.

The first waiver form was part of the membership agreement signed when he enrolled in classes at the academy. The second waiver was part of an online registration form completed to participate in the competition .

The law pertaining to the interpretation of releases and waivers has a special rule: releases only cover matters specifically in the contemplation of the parties at the time the release was given. (Peters v. Soares,2019 BCSC 189)

The judge found neither the membership agreement nor the online waiver form applied to the Jiu-Jitsu competition.The application to dismiss the personal injury claim on the basis of the waiver form and release of liability was therefore dismissed.

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Tags: Membership waiver, occupier liability, release and waiver

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"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."

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