Is it possible to sign one’s right to sue away?

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Is it possible to sign one’s right to sue away?

I am a musician. A restaurant venue, open to the public, is now requiring musicians (as subcontractors)to sign a waiver holding the venue harmless in case of liability even though that liability may rise out of the negligence or carelessness of the venue. If I sign this waiver,do I still have recourse should I be injured?

Asked on February 4, 2014 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, it is possible to sign away your right to sue, and it is actually fairly common for a business to require contractors, vendors, freelancers, etc. to do this. If you were injured due to an intentional bad act of the restaurant or its employees, or due to their gross negligence (recklessness; much more than "just" carelessness--the proverbial shooting a gun at random in a crowded room, or playing with matches while pumping gas), you'd typically still be able  to sue (a person or business can't protect him/her/itself from gross negligence or intentional acts in this manner), but you could agree to not sue over normal negligence/carelessness, and if you did, that agreement would be binding.


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