klehner wrote:
exerciseaddict wrote:
Remember the waiver we agree to before we're allowed to sign up and never read? Here's a piece of it: - I am voluntarily participating with knowledge of the risks. Therefore, I assume and accept full responsibility for myself, for the inherent and other risks (both known and unknown) of the activities, and for any injury, damage, death or other loss I may suffer, resulting from those risks, including the risk of my, a co-participant’s, and/or a third party’s negligence or intentional or other misconduct, or any of the Released Parties’ negligence.
Sorry for the loss you suffered, but they're not responsible.
One cannot waive one's right to claim damages due to negligence. Sorry.
Actually you can depending on what the state law allows. A waiver of intentional conduct is not likely to be enforced however. In California you can't waive gross negligence but you can waive ordinary negligence. Assuming NY law applies I'd bet it is similar