Can you give an example? I first thought you were talking about disclaimers in marketing, but you're talking about Glocals events?

Apologies Ed and thanks for clarifying - yes glocals events.  This is the latest one that I saw:

"You come at your own risk. I cannot be held responsible for anything under any circumstances. By registering, you accept this disclaimer."

Usually and ironically posted just after the inevitable:

"and don't forget your glocals spirit" (usually followed by an exclamation mark or smiley)

The stupid thing is that posters are just cutting and pasting other people's disclaimers (with a "cos everyone's doing it" mentality) without thinking of the consequence (legal or otherwise) of what they're saying.

Will it lead to a summer of people posting BBQs down by the plage with the disclaimer:

"I cannot be held responsible under any circumstances for burning your sausages or drinking your beer.  By registering you accept this disclaimer and you bring them at your own risk - but don't forget your glocals spirit" 

This is excellent. I might use the disclaimer about drinking other people's beer in the future as a joke...

This is getting a little silly.  Common sense should prevail at all times and not descending into this kind of mania. 

And you are right...the disclaimers appended at the end of events count for nothing and more importantly cannot be used in court.

However, in today's increasingly litigious society, it makes sense to take the simple precaution of adding a disclaimer to your events, which protects you in the event (lol) that anyone tries to take action against you for any perceived grievance...then again, can you pin headed idiots stop including disclaimers, unless necessary?

Could you explain why you believe that disclaimers cannot be used in court? I understand that they may not be at issue in the case of gross negligence. However, if there is an activity where there is risk involved -- whether use of information or rock climbing, what is your reasoning behind this statement?Are you talking about Swiss law or in general?

Thanks for citing some sources.

I haven't seen any of these disclaimers, but then again I'm not really signing up for any Glocals events at the moment.

I can understand if companies organizing events use these kinds of disclaimers (though it might actually deter me from signing up), but if you're organizing a social thing (e.g. picnic, hike, trip) I don't see why a disclaimer is necessary. I don't think anyone would blame you (personally or legally) if you organize something and someone gets hurt or doesn't get enough food.

The only reason I can think of why people have disclaimers is because of bad experience in the past. All the Glocals events I have participated in myself were great, and I never had problems with any members, but maybe I was just lucky.

Well, see this, for example..

http://worldradio.ch/wrs/news/wrsnews/record-number-of-recreational-accidents-in-09.shtml

Suing anyone for anything in Switzerland is not easy. Lawyers are extremely expensive and they are not supposed to work on contingency. According to lawyers I've spoken to here over the years, even victims of serious malpractice are not getting huge awards, if they get anything at all. 

That said, for some events such as climbing and so, I don't think there is anything wrong with reminding people of their responsibility up front.

Just to be safe i have added a disclamer to my latest event (a beer and poker night)...

its something like "Drinking beer may make you play rubbish poker."

do you think i need this?

Andrew - please do - then you won't get sued for having a good time.

 "it makes sense to take the simple precaution of adding a disclaimer to your events, which protects you in the event (lol) that anyone tries to take action against you for any perceived grievance..."

Thank you Chris  - but my original question relates to does it protect you (the organiser)?  I don't have a problem at all with a "simple precaution" like - wear hiking boots, bring a rain jacket, some warm clothes, your own sausages.  I wanted to know a) why everyone was suddenly doing it and b) did it have any legal justifications.  And also c) as a late entrant - was it in the spirit of glocals???

if negligence can be shown a disclaimer has no relevance.

http://legal-dictionary.thefreedictionary.com/negligence

typical case, a restaurant posts a sign at their coat check that they are not responsible for stolen goods or clothing. even if they post a disclaimer, they  may still be responsible.

however a signed waiver by each participant may be a valid way to avoid being sued. ( now let's watch the fun begin !!! in the glocals spirit of course

as a scottish lawyer working in switzerland this post made me think long and hard.. it is a sad day indeed when people would rather avoid litigation then enjoy living...

that said, when it pertains to  some events, i can understand the organisers being wary... SO IT'S SIMPLE  ...if you have the fear then organise the event amongst only friends (who you know not to have diabetes, be too small to ride certain attractions, no pre existing heart conditions, allergies, genetic flaws and the likes...) then, if they agree to go after filling out your questionnaire, they are true friends indeed...

a disclaimer on here is null and void

WARNING:THIS POST IS UNDERTAKEN IN A SARCASTIC AND FUN MANNER AND SHOULD NOT BE USED AS EVIDENCE IN CASE OF ANY LITIGIOUS ACTIONS :p

Disclaimer: "I take no responsibility"

This is pretty much generic enough to cover absolutely everything.

The answer to the question is not very easy.

Even keeping in mind the spirit of Glocals, it's only a reflection of our society, with many different people, many different types of expectations and reactions.

If an event is organized in Switzerland, I may see a possibility for a participant to raise a claim in three different cases: i) the activity is subject to an administrative license or authorization and the organizer did not have such license or authorization (e.g. for the activity which is assimilated to the one of a mountain guide); ii) a simple case of wilful act and iii) an activity which could imply a contract between the organizer and the participant (for example when someone asks for a payment against a certain service).

In the cases I and II, a disclaimer would probably not change the legal situation and the organizer may still be responsible for a lack of license or a wilful act (if the organizer hits a participant who does not follow the Glocals spirit...). In the case III (contract), the organizer may exclude a liability for a light negligence, but not for a gross negligence or a wilful act.

The conclusion is therefore that the disclaimer would only serve to exclude a liability in very exceptional cases. If the activity is organized in France or in another country, different rules may apply.