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View Full Version : Now THIS is a liability clause!



Sean O'Gorman
10-07-04, 06:37 PM
From the Isaac head and neck restraint website:


You have at least one warm brain cell and therefore know that any kind of racing is dangerous. After all, the idea is to go as fast as possible and then stop. How you stop is something we have no control over.

Safety products are like birth control. Whatever you do, do something, because anything is better than nothing. An Isaac® product is better than nothing, but if you hit something hard enough fast enough, you are going to get hurt. You might die. In fact, if you hit something really hard really fast, you will die and there is nothing we can do about it. You are responsible for your safety, not us. If you don't like it, don't race.

Once we ship the product, it is out of our control. You have to take care of it. If it doesn't look right, or feel right, or act right, don't use it. Send it back to us. If you crash, don't use it again. Send it back to us. Help us make it a better product.

Read the instructions. Use the product according to the instructions. Don't modify it. And don't drill holes in the helmet while you are wearing the helmet. If someone else wants to use the product, it's your job to make sure they use it correctly, not ours.

If you can check the box below you have at least one warm brain cell, so here's the deal: We will sell you an Isaac® product if you promise not to sue us. That's it, pure and simple. Keep in mind that "you" means you, your family, friends, heirs, estate, successors, assigns and anyone else who comes along, including someone you may be buying it for. "Us" means just that: the company, its employees, managers, officers, directors, affiliates, partners/shareholders/members, agents, representatives, etc. In other words, you guys won't sue us guys. We could drag this part out for pages, but you are racers, not namby-pamby whiners who sit up late at night watching TV commercials that have some lawyer telling you to call 1-800-SUETHEM.

That's about it. If you check the 'I Agree' below you guys agree not to sue us guys, you guys agree to use the product like you're supposed to, and you guys understand and agree that the product has no warranties, expressed or implied. If you don't check the 'I Agree' box below, we guys aren't going to sell it to you guys. Sorry, but that's the way it has to be.

Racewriter
10-07-04, 07:11 PM
That's a classic!

My favorite racing product warning was on every tire and wheel sold by Marsh Racing Tires - and if you knew Lyle Marsh, it was even funnier:

"WARNING! Improperly inflated racing tires and wheels can explode and KILL YOU GRAVEYARD DEAD! We recommend the following procedure: 1. Get an air hose with a valve/guage at least 10 feet from the locking tire chuck. 2. Hook the chuck to the valve stem. 3. Put the tire and wheel, with hose attached, under your trailer. 4. GET THE HELL BACK and use the remote valve and gauge to inflate the tire!"

Racing has lost something since Lyle retired....:D

oddlycalm
10-07-04, 08:08 PM
They forgot the final clause.

"If you check the 'I Agree' box but sue us anyway, we will have our communication specialist Guido come by for a little thumb therapy"

oc

scanman
10-08-04, 06:57 AM
"And don't drill holes in the helmet while you are wearing the helmet.

:gomer: :rofl:

cart7
10-08-04, 08:08 AM
Classic! :thumbup: Merely putting this kind of disclaimer on most types of consumer products would create havoc and wide spread panic amoungst lawyers and society at large.

Fio1
10-10-04, 09:50 PM
That's flipping funny. I don't know what the heck the Isaac product is, but I might buy it rather then a Hans.


This was the best part: "In other words, you guys won't sue us guys. We could drag this part out for pages, but you are racers, not namby-pamby whiners who sit up late at night watching TV commercials that have some lawyer telling you to call 1-800-SUETHEM." :rofl: :laugh: :cool:

Andrew Longman
10-12-04, 02:26 PM
Classic! :thumbup: Merely putting this kind of disclaimer on most types of consumer products would create havoc and wide spread panic amoungst lawyers and society at large.

Just for laughs I sent the waiver to my company's corporate counsel. This is his reply. He actually thought in some ways it was legally effective. He also added an amusing note about the medical profession (doctors and lawyers have a lot of mutual dislike I guess).

"I think this is probably a pretty good waiver given that most people challenge them for not being conspicous or clear. However, most jurisidictions require them to be set out in bold or different type face. I'm not sure whether they would enforce them as click to accept agreements either.

I hope you aren't buying one.

I just came from the hospital where my wife had her gall bladder out yet. On friday they took out a stone using a scope. The prep nurses were running behind and the doctor was waiting so they sent my wife down without having her sign everything (including the consent forms). The nurses told each other not to worry about it - they would have her sign when she came back up (and was nearly drunk from the medications). Of course, getting a consent after the fact might have been difficult if they did something wrong. By the way, the consent form said you will be heavily sedated and should not sign any important documents such as legal documents for 12 hours after the procedure. I found it all to be very amusing..."