Quote:
Originally Posted by Dave 90TT
All the verbal assurances mean very little (despite the law saying a verbal contract is in fact a valid contract) when lawyers get involved. And yeah, it may be this way now, or in the past, but as someone mentioned, all it takes is a bean counter and an ambulance chaser, both at BMWNA to think of all the money they could make/save.
I guarantee you that the waiver is not being required of all participants just because, or for no reason.
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Quote:
Originally Posted by RickFLM4
I agree. I can't imagine why anyone would rely on word-of-mouth assurances or internet testimonials to get comfortable with signing a waiver with terms on the presumption they won't be enforced if something were to occur. If there is no chance they will enforce such terms (as many here strongly contend), there is no reason for those terms to be in the waiver and they should be removed. If they really want people to buy insurance then we just need to know where to buy it.
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Fair points, and a degree of cynicism is warranted when any corporation wants you to sign off on such a document. You also have the right to consider the worst case scenario.
But with almost any activity there are practical, realistic liability concerns, and theoretical, unlikely liabilities.
Based upon everything we know and the entire history of the School, BMW's Driving School falls into the latter category.
In the context of HPDE there is inherent, unavoidable risk. The fair comparison is between the liabilities and risks of BMW's School vs others, not BMW's school and staying at home on the couch.
As compared to the vast majority of driving schools/track days, and certainly what I've seen/experienced at track days over the past decade, BMW's school has to be one of the least risky options out there for a beginner. From nearly every perspective.
So why is the clause in there at all? Presumably to give them an advantage against anyone who comes to the School and wreaks havoc. And honestly, I think they're entitled to that legal advantage.
The moment we learn of any well-meaning participant being held financially responsible for a beginner mistake on track, then I'll be the first to speak out against the policy. Until then, I'd hate to see potential participants opting out of the school on this basis.