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Contract exclusion clauses

  • 26-06-2012 07:09PM
    #1
    Corruptable
    Registered Users, Registered Users 2 Posts: 317 ✭✭


    Recently I was, once again amused to see that I was required to sign a membership contract (at a fitness club) which had the following clause:

    "X does not accept any liability for personal injury or any other damage."

    Surely this clause would be void (i.e.: for instance in the case of an injury or damage caused by X's negligence)?


Comments

  • #2
    Farcear
    Registered Users, Registered Users 2 Posts: 618 ✭✭✭Farcear


    Negligence actually requires a clause specifically excluding negligence, I believe.


    From a drafting perspective, I see no reason why a supplier wouldn't use such a clause. Possibly unfair under the Unfair Terms Regulations?

    Probably covers things like things getting stolen from your locker.


  • #3
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    If it does no harm why not chuck it in there anyway?

    Isn't there a fairly wide scope for injury in a gym that is not down to the negligence of the gym?


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