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Archive for the 'waivers' Category

Waiver of the Week

Thanks for taking interest in the Small Print Project. We’re off to a great start as many e-mails and forms have been streaming in!

The inaugural ‘EULA of the Week’ comes from the RockQuest Climbing Center in Cincinnati, Ohio. “Not just a Rock Gym,” the site advertises — according to their waiver (PDF) (available via a prominent link at the bottom left of the home page), they’ll laugh when you fall and laugh harder should you dare blame anybody (or thing) except your own stupid self.

The real kicker comes near the bottom of the form — and correct me if you’ve come across this before. After promising not to sue RockQuest or its employees and volunteers, you guarantee to refund their attorney’s fees should any be incurred as a result of your participation on RockQuest’s ever-unpredictable indoor rock-climbing walls.

The nature of a ‘EULA’ and similar agreements/passive consent, etc and the surreptitious disclaimers within are not unique to digital products & services. As one reader noted, it goes all the way back to carny tickets if not further. Keep ‘em coming — submit via:e-mail | anon. form. More examples here.

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