Is the dormitory disclaimer valid?

Updated on society 2024-05-02
12 answers
  1. Anonymous users2024-02-08

    This exemption clause is invalid because it is the duty of the dormitory management to ensure order and safety in the dormitory, and this clause is a manifestation of its shirking of responsibility, for which it should still be liable. At the same time, the dormitory is originally a perennial boarding place for students, and it will be inconvenient if it is placed elsewhere.

    That's it, in short, the dormitory is responsible, unless it is lost in your own presence, the dormitory management should be responsible.

    It can only be said that the other party should bear part of the responsibility.

  2. Anonymous users2024-02-07

    University dormitories are paid services provided by the university, so if the dormitory is stolen and the school dormitory administrator is responsible for the city's duties or negligence, the university should be liable for compensation.

  3. Anonymous users2024-02-06

    Schools have a legal obligation to protect students' property and cannot shift their obligations to students in a way that exempts them from liability.

    Also, schools should not rent safes. Even the provision of a safe deposit box free of charge does not necessarily exempt it from liability.

  4. Anonymous users2024-02-05

    It is invalid, it has this responsibility and obligation, in other words, this is what he should do, and now he wants to shirk the responsibility that belongs to him, how can there be such a good thing, but, that being said, but in reality, the compensation is too little, almost nothing,

  5. Anonymous users2024-02-04

    Summary. Hello Valid, the staff dormitory has signed an exemption contract, which is valid if it abides by the principle of fairness and does not violate the law. When the parties sign an exemption contract, they shall follow the principle of fairness and reasonably determine the rights and obligations of each party.

    in relation to causing bodily injury to the other party; The exemption contract is invalid if the other party's property is damaged intentionally or through gross negligence.

    Hello Valid, the staff dormitory has signed an exemption contract, which is valid if it abides by the principle of fairness and does not violate the law. When the parties sign an exemption contract, they shall follow the principle of fairness and reasonableness in determining the rights and obligations of each party. in relation to causing damage to the other party's repentance; The exemption contract is invalid if the other party's property is damaged intentionally or through gross negligence.

    Legal basis: Article 6 of the Civil Code provides that civil entities engaged in civil activities shall follow the principle of fairness and reasonably determine the rights and obligations of all parties. Article 506 The following exemption clauses in the contract are invalid:

    1) Causing personal injury to the other party; (2) Causing losses to the other party's property due to intentional or major over-repetition of the wheel.

  6. Anonymous users2024-02-03

    The employee dormitory waiver agreement is valid within a reasonable range. However, this agreement shall be null and void if it is contrary to the relevant law. It should be noted that a valid waiver agreement needs to meet certain criteria, such as clearly informing the employee of the risks and the rights and obligations of both parties.

    For the purposes of the Chinese law, the waiver agreement for employee dormitories is usually regarded as a civil contract. Therefore, its effects are enforceable in principle. However, whether this agreement is truly effective depends on whether it meets the following conditions:

    1.Voluntary Signing: Both parties to the agreement must be voluntary and not subject to any coercion or threat.

    2.Clear communication of safety risks: The agreement must clearly define the various safety hazards and risks that exist in the dormitory, and inform employees on how to avoid and deal with them.

    In addition, even if the agreement meets the above conditions, it does not mean that it can remove the employer from all possible liabilities. For example, in the event of a serious safety incident in a dormitory, the employer may still be held liable.

    Can the scope of the Employee Hostel Waiver go beyond the dormitory itself? It depends. If the content of the agreement is limited to the employee's activities in the dormitory, the scope will not extend beyond the dormitory itself.

    However, if there is also an exemption in the agreement for the employee's activities outside the dormitory, it is necessary to consider whether the provision is reasonable and in accordance with the law to determine whether it is valid.

    Employee dormitory waivers can be used as an effective risk prevention measure in some cases.

    Legal basis]:

    Article 54 of the Contract Law of the People's Republic of China The parties shall follow the principles of voluntariness, equality, good faith and good faith when entering into a contract, determine the content of the contract in the nature of the contract and the social public interest, and adopt the necessary form.

  7. Anonymous users2024-02-02

    1) Causing personal injury to the other party;

    2) Intentionally or grossly negligently causing damage to the other party's property. Where a person without capacity for civil conduct suffers personal injury during the period of study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability.

    II. Exemption Conditions.

    The exemption conditions stipulated by Chinese law are mainly as follows:

    1.Force majeure: If the contract cannot be performed due to force majeure, the liability for filial piety shall be partially or completely exempted according to the impact of force majeure, unless otherwise provided by law.

    If force majeure occurs after the party delays performance, it cannot be exempted from liability. For the purposes of this Law, the term "force majeure" refers to objective circumstances that cannot be foreseen, avoided or overcome.

    2.The natural nature of the goods themselves and the reasonable wear and tear of the goods: The carrier shall be liable for damages for the damage or loss of the goods during transportation, but the carrier shall not be liable for damages if it proves that the damage or loss of the goods is caused by force majeure, the natural nature of the goods themselves or reasonable wear and tear, and the fault of the shipper or consignee.

    3.Fault of the creditor: If the depositary delivered by the depositor is defective or special custody measures need to be taken according to the nature of the depository, the depositor shall inform the depositary of the relevant circumstances.

    If the depositor fails to inform the depositor, resulting in the loss of the deposited goods, the custodian shall not be liable for damages; If the custodian suffers losses as a result, the depositor shall be liable for damages unless the custodian knew or should have known and failed to take remedial measures.

    Legal basis: Article 143 of the Civil Code stipulates that civil juristic acts are valid if they meet the following conditions: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

    Article 506 stipulates that the following exemption clauses in the contract are invalid: (1) causing personal injury to the other party; 2) Intentionally or grossly negligently causing damage to the other party's property. Legal basis]:

    Article 143 of the Civil Code provides that a civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Article 506 The following exemption clauses in the contract are invalid:

    1) Causing personal injury to the other party; 2) Intentionally or grossly negligently causing damage to the other party's property.

  8. Anonymous users2024-02-01

    Party B: xx

    After full negotiation between Party A and Party B, under the condition of equality, voluntariness and consensus, the following exemption agreement has been reached on the relevant matters of Party B's working hours and in the process of garbage removal and transportation:

    Party B uses and drives the electric three-wheeled vehicle provided by Party A, and shall not lend it to others for use, and shall not drive out of the site outside the scope of work without permission, if a traffic accident occurs, all responsibilities will be borne by Party B, and Party A shall not assume any responsibility.

    2. Party A provides electric tricycles, B is responsible for maintenance and cleaning, if there is man-made damage, the repair cost shall be borne by Party B, and Party A has the right to supervise Party B's right to use the vehicle correctly.

    3. Party A has the right to take specific measures to deal with Party B's violations during the use of the vehicle. Party B shall perform unconditionally.

    Party A: xx Party B: xx

    After full negotiation between Party A and Party B, under the condition of equality, voluntariness and consensus, the following exemption agreement has been reached on the relevant matters of Party B's working hours and in the process of garbage removal and transportation:

    1. Party B uses and drives Party A's electric three-wheeled vehicles provided by Party A, and shall not lend them to others for use, and shall not drive out of the site outside the scope of work without permission, if a traffic accident occurs, all responsibilities will be borne by Party B, and Party A shall not assume any responsibility.

    2. Party A provides electric tricycles, B is responsible for maintenance and cleaning, if there is man-made damage, the repair cost shall be borne by Party B, and Party A has the right to supervise Party B's right to use the vehicle correctly.

    3. Party A has the right to take specific measures to deal with Party B's violations during the use of the vehicle. Party B shall perform unconditionally.

    1) Determine the validity or invalidity of the exemption clause based on the provisions of the current law. The exemption clause is a civil act with the purpose of excluding or limiting the future liability of the parties with the expression of intent as an element, and should be regulated by the provisions of Articles 52, 53, 54, 47, 48, 51 and 40 of the Contract Law.

    2) Determine the validity or invalidity of the exemption clause based on the risk allocation theory.

    3) Determine the validity or invalidity of the exemption clause according to the degree of fault, Articles 40 and 53 of the Contract Law.

    4) China has not adopted the validity or invalidity of the exemption clause according to the severity of the breach.

  9. Anonymous users2024-01-31

    XX school informed me that my child has XX disease, and going to school is very likely to affect the health of others, and it is recommended that I cure the disease before going to school.

    As XX's guardian, we believe that although XX suffers from XX's illness, he has largely recovered his health and does not affect his enrollment in school, nor does it adversely affect his physical and mental health or that of others.

    I solemnly promise that if my child is sick and goes to school and causes adverse effects on his or others' physical and mental health, the responsibility shall be borne by XX's guardian XX himself, and it has nothing to do with the school. Signature of the guardian (both parents are required). Date.

  10. Anonymous users2024-01-30

    This disclaimer doesn't make much sense. As long as he is in school and is a minor, the school has a duty to manage, and if there is an accident during the school runaway, the school cannot be exempted from liability. You are writing this agreement itself against the law, so it will not be valid in the event of a problem.

  11. Anonymous users2024-01-29

    This activity is a spontaneous outdoor activity and a gathering of travelers for the purpose of "safety, environmental protection, self-help, self-discipline, equality and conservation", and the purpose of non-commercial self-help tourism.

    Eligibility to join the party:

    1. Participants must be at least 18 years old and have complete and independent capacity for behavior (those who are at least 16 years old and under the age of 18 must be led by a guardian or with the consent of a guardian and sign this agreement).

    2. Agree with and support the purpose of the event and the "Outdoor Companion Riding Liability Waiver Agreement" and "Liability Waiver Agreement".

    3. Have a good team spirit.

    Financial management: 1. Expenditure follows the principle of AA system.

    2. Unified expenses for group activities (transportation, accommodation, meals, etc.) (AA system apportionment) half or full fee for children (depending on the size).

    4. The financial personnel shall be the convener or other members recognized by everyone.

    5. It is the responsibility of the financial staff to publish the details after the event.

    6. Please take good care of your personal belongings, and your financial personnel will have nothing to do with your own losses.

    Convener's rights:

    1. Arrange the place and time of the meeting; 2. Limit the maximum number of participants according to the arrangement; 3. Control the gender ratio of men and women participating in activities for safety reasons; 4. Discourage unsuitable personnel from participating in the event for safety reasons; 5. Require participants to prepare their own equipment;

    6. Modify the activity plan according to the weather and team member status during the activity;

    7. Require team members to follow the arrangement during the activity.

  12. Anonymous users2024-01-28

    Summary. Hello, dear, it is legal for the company to ask for a dormitory waiver agreement.

    Hello, dear, it is legal for the company to ask for a dormitory waiver agreement.

    When a company requires employees to sign a dormitory liability waiver agreement, this is usually to protect the legitimate rights and interests of both the company and employees, and to ensure the safety and compliance of dormitory use. <>

    Article 2 In the event of an accident or personal injury, the employee shall be fully responsible and the company shall not bear any legal effect.

    After he signed this, I was in the dormitory, no matter what accident happened, it had nothing to do with the company? Is it okay to sign like this?

    If you have any questions or concerns about any of the terms of this Agreement, you may contact the Human Resources Department or the Legal Department of the Company for clarification or discussion. <>

    The legal basis for the Labor Law of the People's Republic of China is as follows: Article 4 of the Labor Law of the People's Republic of China The employer shall establish and improve the rules and regulations in accordance with the law to ensure that the workers enjoy their labor rights and fulfill their labor obligations. Article 10 The conclusion and modification of labor contracts shall follow the principles of equality, voluntariness and consensus, and shall not violate the provisions of laws and administrative regulations.

    Labor cooperation is legally binding, and the parties must fulfill their obligations under the labor contract.

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