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From eskrima-admin@martialartsresource.net Sun Oct 11 17:16:10 2009 Return-Path: Received: from tarsus.bollow.ch (tarsus.bollow.ch [82.195.230.222]) by plus11.host4u.net (8.11.6/8.11.6) with ESMTP id n9BMGAx30339 for ; Sun, 11 Oct 2009 17:16:10 -0500 Received: from tarsus.bollow.ch (localhost [127.0.0.1]) by tarsus.bollow.ch (Postfix) with ESMTP id 92F45B28186; Mon, 12 Oct 2009 02:49:09 +0200 (CEST) Date: Mon, 12 Oct 2009 02:48:21 +0200 Message-ID: <20091012004821.16618.83732.Mailman@tarsus.bollow.ch> From: eskrima-request@martialartsresource.net Subject: Eskrima digest, Vol 16 #221 - 2 msgs X-Mailer: Mailman v2.0.13.cisto1 MIME-version: 1.0 Content-type: text/plain To: eskrima@martialartsresource.net Errors-To: eskrima-admin@martialartsresource.net X-BeenThere: eskrima@martialartsresource.net X-Mailman-Version: 2.0.13.cisto1 Precedence: bulk Reply-To: eskrima@martialartsresource.net X-Reply-To: eskrima@martialartsresource.net List-Unsubscribe: , List-Id: Eskrima-FMA discussion forum, the premier FMA forum on the Internet. 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See the Filipino Martial Arts (FMA) FAQ and the online search engine for back issues of the Eskrima/FMA digest at http://MartialArtsResource.com Mabuhay ang eskrima! Today's Topics: 1. Parental signed Hold Harmless (Thomas Gordon) 2. RE: Parental signed Hold Harmless (Stephen Taylor) --__--__-- Message: 1 From: "Thomas Gordon" To: "Thomas Gordon" Date: Sun, 11 Oct 2009 14:14:44 -0500 Subject: [Eskrima] Parental signed Hold Harmless Reply-To: eskrima@martialartsresource.net As a martial art school owner, this is absolutely frightening. Please note this is in Canada: Thomas Gordon Master's Seminars April 16-18, 2010 www.GordonMartialArts.com/april __________________ http://www.theprovince.com/sports/Parents+waive+child+right+negligence+Judgm ent/2091198/story.html Parents can't waive child's right to sue for negligence: Judgment By Katie Mercer, The ProvinceOctober 9, 2009 Parents have no right to waive their children's right to sue, according to a B.C. Supreme Court decision this week. Victor Wong was 12 years old when his mother signed a liability waiver to enroll him in a Hapkido school, a Korean martial art. Wong was 16 when he was allegedly violently thrown to the ground during a sparring match. At 20, he still suffers from his injuries. Wong is suing Michael Lok, the owner of Lok's Martial Arts Centre in Richmond, and his sparring partner for negligence. He argues that Lok failed to provide preventative measures to screen participants, instruct them, require protective gear and supervise matches. However, Lok argues that the claim should be dismissed as Wong's mother signed a waiver protecting him from litigation. B.C. Justice Peter Willcock disagreed, ruling that, under the Infants Act of B.C., a parent can not waive their child's rights to sue for negligence. "The Act does not permit a parent or guardian to bind an infant to an agreement waiving the infant's right to bring an action in damages in tort," Willcock found in his decision. The case is scheduled to proceed in November. --__--__-- Message: 2 From: Stephen Taylor To: Subject: RE: [Eskrima] Parental signed Hold Harmless Date: Sun, 11 Oct 2009 13:04:19 -0700 Reply-To: eskrima@martialartsresource.net In the US, it is a standard legal principle that you can not sign away negligence. A hold harmless agreement only applies to accidents. > From: tgordon@gordonmartialarts.com > To: tgordon@gordonmartialarts.com > Date: Sun, 11 Oct 2009 14:14:44 -0500 > Subject: [Eskrima] Parental signed Hold Harmless > > As a martial art school owner, this is absolutely frightening. Please note > this is in Canada: > > > > Thomas Gordon > > Master's Seminars April 16-18, 2010 > > www.GordonMartialArts.com/april > > > > __________________ > > > > > > > > http://www.theprovince.com/sports/Parents+waive+child+right+negligence+Judgm > ent/2091198/story.html > > Parents can't waive child's right to sue for negligence: Judgment > > > > By Katie Mercer, The ProvinceOctober 9, 2009 > > > > Parents have no right to waive their children's right to sue, according to a > B.C. Supreme Court decision this week. > > Victor Wong was 12 years old when his mother signed a liability waiver to > enroll him in a Hapkido school, a Korean martial art. > > Wong was 16 when he was allegedly violently thrown to the ground during a > sparring match. At 20, he still suffers from his injuries. > > Wong is suing Michael Lok, the owner of Lok's Martial Arts Centre in > Richmond, and his sparring partner for negligence. > > He argues that Lok failed to provide preventative measures to screen > participants, instruct them, require protective gear and supervise matches. > > However, Lok argues that the claim should be dismissed as Wong's mother > signed a waiver protecting him from litigation. > > B.C. Justice Peter Willcock disagreed, ruling that, under the Infants Act of > B.C., a parent can not waive their child's rights to sue for negligence. > > "The Act does not permit a parent or guardian to bind an infant to an > agreement waiving the infant's right to bring an action in damages in tort," > Willcock found in his decision. > > The case is scheduled to proceed in November. > _______________________________________________ > Eskrima mailing list, 2,700 members > Eskrima@martialartsresource.net > Copyright 1994-2009: Ray Terry and Martial Arts Resource > Standard disclaimers apply. > > Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License. > > Subscribe or Unsubscribe: http://eskrima-fma.net --__--__-- _______________________________________________ Eskrima mailing list Eskrima@martialartsresource.net http://martialartsresource.net/mailman/listinfo/eskrima Subscribe or Unsubscribe: http://eskrima-fma.net Old digest issues @ ftp://ftp.martialartsresource.com/pub/eskrima Copyright 1994-2009: Ray Terry, MartialArtsResource.com, Sudlud.com Standard disclaimers apply. Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License. Remember September 11. End of Eskrima Digest