Sorta a legal question regarding web forms.

[Tuckerman]

Sorta a legal question regarding web forms. Is it possible to get around having a signature by using a "I Agree" check box when filling out a form online? For example if I wanted to sign my kid up for Baseball or something I would typically sign under some kind of disclaimer. So would a check box serve the same purpose?

[Rontele]

I believe so. Depends on the entity offering the liability waiver.

Your avatar is the bestest, btw.

[smmokan]

I just filled out an online application (for CU's grad school), and there were a couple instances of this. I had to type in my full name, and then click on the check-box to agree with the "terms and conditions".

[Rontele]

I just filled out an online application (for CU's grad school), and there were a couple instances of this. I had to type in my full name, and then click on the check-box to agree with the "terms and conditions".

Whoa Steve, back to the ranks of a student?! Good luck mang. MBA program?

[smmokan]

Yep... hopefully. MBA in Entrepreneurship. So many ideas floating around in my big head, I thought I'd take advantage of it now. Hopefully I'll figure out how to take some time off this summer so I can ride a lot more, too.

[Free Range Lobster]

Sorta a legal question regarding web forms. Is it possible to get around having a signature by using a "I Agree" check box when filling out a form online? For example if I wanted to sign my kid up for Baseball or something I would typically sign under some kind of disclaimer. So would a check box serve the same purpose?

Some situations require you to put in an e-mail and a check box.
etc. etc.

Microsoft is a big fan of "if you agree to the terms, enter your e-mail address here and press next".

[Joey Joe Joe Junior Shabadoo]

It works, we do it for our liability waivers, although ours has the added step of a confirmation e-mail that people must click on when they receive it, kinda like the account activation e-mail here at tgr

[Tuckerman]

How about this waiver would it even come close to holding up in court?

[Hutch]

ALL PARTICIPANTS IN MARATHONS, EVENTS AND ROAD RACES OF OTHER DISTANCES CONDUCTED BY ELITE RACING AND THEIR RELATED EVENTS ("EVENT") ARE REQUIRED TO, AND HEREBY DO, ASSUME ALL RISK OF PARTICIPATION IN THE EVENT BY SIGNING THIS GENERAL RELEASE AGREEMENT: The undersigned athlete ("Athlete") on behalf of himself/herself and on behalf of Athlete's personal representatives, assigns, heirs, executors, and successors hereby fully and forever releases, waives, discharges and covenants not to sue Elite Racing, Inc., its affiliated corporations and charities, the host city(ies), county and state, USATF, any and all municipal agencies whose property and/or personnel are used or in any way assist, all sponsoring or co-sponsoring companies or individuals related to the Event, together with their officers, directors, shareholders, successors and assigns, (collectively "Releasees") from all liability to the Athlete and his/her personal representatives, assigns, heirs, executors, and successors for any and all loss(es), damage(s) and any and all claims or demands therefore, on account of injury to Athlete, his/her property or resultant death, whether caused by the active or passive negligence of all or any of the Releasees or otherwise, in connection with Athlete's participation in the Event. Athlete represents and warrants that he/she is in good physical condition and is able to safely participate in the Event. Athlete is fully aware of the risks and hazards inherent in participating in the Event and hereby elects to voluntarily participate, knowing the risks associated with the Event. Athlete hereby assumes all risks of loss(es), damage(s), or injury(ies) that may be sustained by him/her while participating in the Event. Athlete agrees to the use of his/her name and photograph in broadcasts, newspapers, brochures and other media without compensation. Athlete acknowledges that the entry fee paid is non-refundable and non-transferable. Athlete acknowledges and agrees that Elite Racing Inc., in its sole discretion, may delay or cancel the Event if it believes the conditions on the race day are unsafe. In the event the Event is delayed or cancelled for any reason, including but not limited to: fire, threatened or actual strike, labor difficulty, work stoppage, insurrection, war, public disaster, flood, unavoidable casualty, acts of God or the elements (including without limitation, rain, hail, hurricane, tornado, earthquake), or any other cause beyond the control of Elite Racing Inc. there shall be no refund of the entry fee or any other costs of Athlete in connection with the Event. The Athlete hereby grants to Lewis G. Maharam, M.D., FACSM and any other medical director of the Event, and his/her agents, affiliates and designees, access to all medical records (and physicians) as needed and authorizes medical treatment as needed. Athlete understands that they have the right to refuse medical care and advice of Event medical directors and representatives; if Athlete's medical condition becomes such that the Athlete's mental capacity is questioned, the physician has the right to recommend and initiate treatment of Athlete. It is understood and agreed that Athlete hereby assumes liability for any and all medical expenses incurred as a result of training for and/or participation in the Event, including but not limited to ambulance transport, hospital stays, physician and pharmaceutical goods and services. Athlete warrants that all statements made herein are true and correct and understands that Releasees have relied on them in allowing Athlete to participate in the Event. ATHLETE HAS READ THE FOREGOING AND INTENTIONALLY AND VOLUNTARILY SIGNS THIS RELEASE AND WAIVER OF LIABILITY AGREEMENT. IF ATHLETE IS UNDER AGE 18 HIS/HER PARENT OR GUARDIAN MUST SIGN THIS RELEASE AND WAIVER AGREEMENT. Athlete's Parent or Guardian's signature above certifies that my son/daughter/ward has my permission to participate in the Event. Athlete's Parent/Guardian has read and understands the foregoing RELEASE AND WAIVER OF LIABILITY AGREEMENT (above) and by signing intentionally and voluntarily agrees to its terms and conditions. Athlete's Parent/Guardian further certifies that my son/daughter/ward is in good physical condition and is able to safely participate in the Event. I hereby authorize medical treatment for him/her and grant access to my child's medical records as necessary and as stated above.

most courts do not permit parties to contract away negligence liability where bargaining power is grossly disparate. Like an insurance contract. I doubt that would apply here, but I am not sure.

They could maim you with impunity! Don't do it.

[Free Range Lobster]

Sounds like this marathon they try to run you over with support cars.

[Hutch]

Sounds like this marathon they try to run you over with support cars.

Super fun to watch, but if I were participating, I'd rather be in the car, all things considered.

[jSki]

Sorta a legal question regarding web forms. Is it possible to get around having a signature by using a "I Agree" check box when filling out a form online? For example if I wanted to sign my kid up for Baseball or something I would typically sign under some kind of disclaimer. So would a check box serve the same purpose?

At my old job we wrote software that was used to aid in running clinical trials. We would replace most of the paperwork required with online forms. That was a big issue, having the "I Agree" button hold the same weight as a signature from a doc. There were some guidelines but it's still a pretty open topic. We found that a high level of security, such as using a RSA token card with password, then having to enter another password for the actual signature was sufficient.

There's no standard way that the courts recognize of signing online forms afaik.