What if I don't sign a no-negligence clause?

[druthurs]

What is the name of your state (only U.S. law)? Massachusetts

The short version of my question: Is a contract considered signed if you write something other than your name on the signature line, such as "I reject this contract"?

The serious details:

Every physical therapist in my town has the same horrifying "no negligence" waiver in their patient agreement, which I am required to sign in order to get treatment:

"I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that the company and its insurers, employees, managers, members, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me, or my guest in, on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of BUSINESS-NAME, its agents or employees ...."​

I have politely said to several physical therapists, "I'm sorry, I can't sign this. Could we negotiate the wording?" The answer is always no.

So it got me wondering... what if I put my rejection in writing? On the signature line? Instead of signing my name, I theoretically could write on the signature line, "I reject these conditions" (or similar) and hand in the paperwork. At that point, I figure, it's up to them to accept or reject my offer (the paperwork), and if they neglect to look carefully, so be it. If they do notice my words, I'd just explain, as I've done before, that I cannot agree to these conditions.

My question is: would my written words actually reject the waiver? Or by writing anything on the signature line, do my words constitute a signature of agreement?

(It would gall me to be sneaky like this; I have never done anything similar in my life. It feels wrong. But hypothetically... what is the end result?)

Thank you very much for any information.

 

[quincy]

What is the name of your state (only U.S. law)? Massachusetts

The short version of my question: Is a contract considered signed if you write something other than your name on the signature line, such as "I reject this contract"?

The serious details:

Every physical therapist in my town has the same horrifying "no negligence" waiver in their patient agreement, which I am required to sign in order to get treatment:

"I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that the company and its insurers, employees, managers, members, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me, or my guest in, on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of BUSINESS-NAME, its agents or employees ...."​

I have politely said to several physical therapists, "I'm sorry, I can't sign this. Could we negotiate the wording?" The answer is always no.

So it got me wondering... what if I put my rejection in writing? On the signature line? Instead of signing my name, I theoretically could write on the signature line, "I reject these conditions" (or similar) and hand in the paperwork. At that point, I figure, it's up to them to accept or reject my offer (the paperwork), and if they neglect to look carefully, so be it. If they do notice my words, I'd just explain, as I've done before, that I cannot agree to these conditions.

My question is: would my written words actually reject the waiver? Or by writing anything on the signature line, do my words constitute a signature of agreement?

(It would gall me to be sneaky like this; I have never done anything similar in my life. It feels wrong. But hypothetically... what is the end result?)

Thank you very much for any information.

The waiver appears to be unenforceable as written, on grounds of public policy. A contract cannot exempt a party from tort liability or criminal liability for harm caused recklessly or intentionally.

Before signing, or making a mark on the signature line, have an attorney in your area review the contract in its entirety.

 

[Zigner]

What makes you think that you will be provided services if you don't sign the contract?

 

[Mass_Shyster]

The waiver appears to be unenforceable as written, on grounds of public policy. A contract cannot exempt a party from tort liability or criminal liability for harm caused recklessly or intentionally.

I do not agree. Massachusetts public policy permits waivers of ordinary negligence (which this appears to be). Gross negligence, wanton or reckless behavior and intentional acts are a different matter.

Before signing, or making a mark on the signature line, have an attorney in your area review the contract in its entirety.

I agree with this part.

 

[quincy]

I do not agree. Massachusetts public policy permits waivers of ordinary negligence (which this appears to be). Gross negligence, wanton or reckless behavior and intentional acts are a different matter.
I agree with this part.

I am not sure you are really disagreeing with me, Stevef, so much as saying that "negligence" as written in the provision has implied limits.

The provision in the contract might "appear to be" a waiver of ordinary negligence but I do not see that it is written that way.

 

[druthurs]

What makes you think that you will be provided services if you don't sign the contract?

They might not provide services. Then no harm done.

Do you know the answer to the question I asked? Namely, if I write something other than my signature on the signature line, such as "I reject this contract," does that constitute a signature? Thanks.

 

[druthurs]

I am not sure you are really disagreeing with me, Stevef, so much as saying that "negligence" as written in the provision has implied limits.

The provision in the contract might "appear to be" a waiver of ordinary negligence but I do not see that it is written that way.

Thanks for responding. Do you know the answer to the actual question I raised, which is: does writing "I reject this contract" on the signature line constitute a rejection or an acceptance? Thanks.

 

[quincy]

Thanks for responding. Do you know the answer to the actual question I raised, which is: does writing "I reject this contract" on the signature line constitute a rejection or an acceptance? Thanks.

Writing anything on the signature line other than a signature is generally not advised. It is better to leave the signature line blank and return the contract unmarked and unsigned.

What marks on the signature line mean is that the contract has been read and there has been an acknowledgement of the terms.

 

[druthurs]

What marks on the signature line mean is that the contract has been read and there has been an acknowledgement of the terms.

Thank you very much.

 

[quincy]

Thank you very much.

You're welcome, druthurs. Thanks for the thanks.