Can the organizing committee of the competition be exempted from liability with a 'Disclaimer Agreement'?
2024-11-28
On Saturday, November 16th, the temperature is suitable. The post-95s girl Xiaojiang came to Pancheng Street, Jiangbei New District, Nanjing to participate in the "Riding Across Pancheng" bicycle camping event and rural bicycle individual time trial. Originally, this competition was supposed to be a beautiful memory for Xiao Jiang, but surprisingly, a kite string suddenly appeared on the track, breaking the beautiful day. Xiao Jiang's throat was cut by the kite string on the track, and the wound was about 15 centimeters long. He has been cycling for over two years and has participated in more than 20 competitions of all sizes, covering a total distance of 28000 kilometers. The individual time trial of rural cycling this time is closed and each participant sets off with a one minute interval. For Xiao Jiang, the difficulty is not high and the safety factor is relatively high. But what everyone didn't expect was that just about 1 kilometer away, Xiao Jiang was cut in the throat by a kite string that suddenly appeared on the track. Cutting Xiao Jiang was not the only kite string that appeared on this track. Previously, there was a kite string on the track, fortunately, it was discovered and cleared by volunteers in time. But because the kite string was transparent and extremely thin, the second string that appeared afterwards was not discovered by the volunteers, so it cut Xiao Jiang who rode there. At that time, my speed reached 38-39 kilometers per hour, "Xiao Jiang recalled. At this speed, it was difficult to stop in time at the first moment of being cut." I was restrained by the kite string and rushed 2-3 meters before stopping the car. "" At that time, I felt a lot of neck pain and had difficulty speaking, "Xiao Jiang said. After interrupting the race, a staff member sent me to the finish line of the race and then drove me to the hospital for emergency treatment." CT showed contusions and did not cut the vocal cords or other parts. "The emergency treatment cost more than 200 yuan that day. After Xiao Jiang communicated the injury with the organizer, the organizer's staff immediately transferred the emergency fee to Xiao Jiang and transferred an additional 500 yuan to Xiao Jiang. Yuan compensation. At that time, Xiao Jiang felt that her injuries were not serious, and the other party compensated her with about 500 yuan. Undertaking Unit: Signed a "Disclaimer Agreement" before the competition and fulfilled her obligation. Three days after being injured, the wound began to scar and become obvious. It was only then that Xiao Jiang realized that the cut was not as light as she had imagined. Later, she went to the hospital again and was diagnosed with a skin laceration. She needed to apply antibiotics, nursing medication, etc., which cost nearly a thousand yuan in total. Based on this, Xiaojiang communicated with the staff of the organizing unit again, and the other party replied that she would "take insurance", but Xiaojiang did not agree with this. "The doctor said that this wound may leave scars, and scar beauty cannot be covered by insurance." In addition, being "cut in the throat" by the kite string this time left Xiaojiang with a considerable psychological shadow. "I now have a fear of high-speed cycling. As a contracted rider, I have other competitions in the future, and if I am injured, I cannot exercise vigorously, which may lead to my breach of contract. If there is a penalty for breach of contract, I believe that the relevant responsible unit should also be responsible." Regarding the compensation for lost work fees, mental loss fees, scar beauty and other related expenses proposed by Yu Xiaojiang, the event organizing unit did not give a clear attitude. The personnel stated that they need to consult the company's legal department in order to provide a definite answer. Xiao Jiang told reporters that before this, the staff member told him that the contestants had signed a "disclaimer agreement" before the competition, believing that the current handling of the injury and the compensation plan provided had fulfilled their obligations and responsibilities. Xiao Jiang asked the staff for the 'Disclaimer Agreement' document, but the other party did not provide it. Lawyer interpretation: The clause in the "Disclaimer Agreement" is invalid. Lawyer Ge Dong from Jiangsu Yicheng Law Firm believes that the disclaimer clause in the main/handling party's "Disclaimer Agreement" regarding causing personal injury to the other party is invalid. Regardless of the content of the agreement, the main/handling party has the obligation to compensate. Lawyer Ge explained that according to Article 143 of the Civil Code, civil legal acts that meet the following conditions are valid: (1) the actor has the corresponding capacity for civil conduct; (2) The meaning expressed is true; (3) Not violating mandatory provisions of laws and administrative regulations, and not violating public order and good customs. So, the exemption agreement needs to meet the above conditions in order to be effective for both parties. However, according to Article 505 of the Civil Code, the validity of a contract entered into by the parties beyond the scope of business shall be determined in accordance with the relevant provisions of Chapter 6, Section 3 of Part 1 of this Law and this Part, and the contract shall not be deemed invalid solely based on exceeding the scope of business. Article 506 stipulates that the following exemption clauses in a contract are invalid: (1) causing personal injury to the other party; (2) Causing property damage to the other party due to intentional or gross negligence. From the perspective of standard clauses, according to Article 497 of the Civil Code, a standard clause is invalid if it falls under any of the following circumstances: (1) it is invalid under the provisions of Chapter 6, Section 3 of Part 1 of this Law and Article 506 of this Law; (2) The party providing standard terms unreasonably exempts or reduces its responsibility, increases the responsibility of the other party, or restricts the other party's main rights; (3) The party providing standard terms excludes the other party's primary rights. Finally, the Supreme People's Court issued the second typical civil case involving sports disputes: in the health rights dispute case between Qi, a cultural company, and Hao, the Supreme Court also made the same judgment. (New Society)
Edit:Rina Responsible editor:Lily
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