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My son is going to camp and the release form includes the following language:THIS RELEASE INCLUDES CLAIMS AND LIABILITIES ARISING FROM ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE ON THE PART OF THE RELEASEES. Does language like this hold up in court if my son is injured or killed as a result of negligence on the part of the staff that I have no claim?
Optional Information: State/Country relating to question: Oregon
Under Oregon law, Waiver is the "voluntary relinquishment of a known right." Alderman v. Davidson, 326 Or. 508, 513, 954 P.2d 779 (1998). In Waterway Terminals Co. v. P.S. Lord Mechanical Contractors, 242 Or. 1, 406 P.2d 556 (1965), the court described the rigorous requisites of a waiver of a legal right: "In the absence of an express agreement a waiver will not be presumed or implied contrary to the intention of the party whose rights would be injuriously affected thereby, unless by his conduct the opposite party has been misled, to his prejudice, into the honest belief that such waiver was intended or consented to. To make out a case of waiver of a legal right there must be a clear, unequivocal, and decisive act of the party showing such a purpose or acts amounting to an estoppel on his part." Id. at 26, 406 P.2d 556.The Oregon courts do allow parties to contract to waive rights to sue in the event of negligence of the other party as long as the contract expressly states that they are waiving such right. Thus, as this contract is expressly stating that you are waiving such rights, you are correct in your understanding that the clause would prevent you from suing in the event an injury or death occurs from negligence on the part of the camp or its staff.
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Experience: Licensed Attorney. Over 20 years experience in personal injury and law enforcement.