Have you ever participated in a cycling, running, or swimming race? Have you ever walked to raise money for a charity? How about volunteering to help on a project at school, church, or a park? Chances are if you have, you signed a form to enter or register. Most likely, you did not read the fine print of the document you signed. This could be bad luck for you because your signature on the form may have given away substantial rights.
Recently, an Illinois appellate court ruled that a cyclist whose registration form contained language prohibiting the cyclist from suing the organizers of the event for negligence. The cyclist was injured when he collided with another cyclist who was not participating in the race, but had wandered onto what was supposed to be a closed course.
The courts in Illinois do not favor contracts which insulate one of the parties from liability his or her own negligence, but the so called exculpatory causes are generally enforceable. There are exceptions to the general rule. Fraud, wilful and wanton negligence, a special relationship between the parties, a substantial disparity in bargaining power, and a public policy violation are some examples.
It is also quite common for contracts to include exculpatory clauses: from these simple registration forms to credit card applications to memberships to employment contracts all may contain clauses limiting how you can bring a claim, even if they don't prevent claims totally. These contracts attempt to get you to waive your right to sue in court and have a jury decide your case. Instead, you must submit your claim to an arbitrator. Often your choice of arbitrators is limited as well.
What do you do? First, take the time to read what you sign before you sign it. If you know what to look for it won't take long and may be well worth the time. Second, if you don't agree to some language in the contract, cross it out and initial and date what you want stricken. Third, keep a copy of the document. If you are applying online, it may be difficult to make changes. If you find an exculpatory clause or a mandatory arbitration clause, apply by mail if you are concerned about getting hurt.
Your application/registration or other form may be rejected. Or it may be accepted without a thought. If the person or group will not agree to strike the language, you will have to choose whether to participate or not. If you go ahead and assume the risk and are hurt, still consult an attorney. Perhaps an exception can be found.
If you still want to participate and the event organizer refuses to accept liability for negligently causing injuries, contact your own insurance agent. You may be able to buy a short term policy that will protect you. Better still, if you are a member of an organization that promotes running, cycling, or swimming they may have insurance available for members. Join and buy it.
There are dangers inherent in any activity. These are not the ones to worry about. You know you could crash on a bike, become overheated while running, or have a cramp and drown in a swimming event. These are things you train and plan to avoid. It is those things you don't expect that you need the law to protect you. Don't sign away your rights without at least thinking about it.


