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Context matters. Participation in a sport generally brings with it an expectation to receive minor injuries customary to that sport. A legal contract depends

Context matters. Participation in a sport generally brings with it an expectation to receive minor injuries customary to that sport. A legal contract depends on mutual understanding. People learning to box generally understand they are going to get hit. People booking a wedding party generally don't expect to be held responsible for their guests having opinions they post online. The hotel would have to make this policy very clear in order to achieve mutual understanding, and that doesn't mean just putting it on the contract and the webpage for the customer to find on their own.

baddox 12y ago
> Participation in a sport generally brings with it an expectation to receive minor injuries customary to that sport. Participation in a contract that specifically covers terms for being slapped also bring with it an expectation of being slapped.
- danielweber 12y ago
  I'm not sure how this is a response. It's not enough to have language in a contract. There needs to be understanding by both sides about what is being agreed to. Since the Internet engaged mob-mode before engaging investigation-mode, we don't know how clear these terms are to people who are booking weddings. It might be very clear because they send an email explicitly telling the bridal party about these terms and asking them to consent, which would also be a signal to the party about the quality of online reviews. Or it might be buried in the middle of 12 other clauses and the customer doesn't know about it.
  - baddox 12y ago
    Obviously there needs to be mutual understanding of a contract for it to be enforced. The original question included the phrase "if I carefully read and then sign that contract," which I think indicates that the contract was mutually understood and agreed upon.
    - sk5t 12y ago
      Mutual understanding is not the only ingredient that constitutes an enforceable contract. Issues such as duress, inequality of bargaining position, and in this case, the plain bizarre unreasonableness of the terms, can enter into the equation.

baddox 12y ago

> Participation in a sport generally brings with it an expectation to receive minor injuries customary to that sport. Participation in a contract that specifically covers terms for being slapped also bring with it an expectation of being slapped.

danielweber 12y ago
I'm not sure how this is a response. It's not enough to have language in a contract. There needs to be understanding by both sides about what is being agreed to. Since the Internet engaged mob-mode before engaging investigation-mode, we don't know how clear these terms are to people who are booking weddings. It might be very clear because they send an email explicitly telling the bridal party about these terms and asking them to consent, which would also be a signal to the party about the quality of online reviews. Or it might be buried in the middle of 12 other clauses and the customer doesn't know about it.
- baddox 12y ago
  Obviously there needs to be mutual understanding of a contract for it to be enforced. The original question included the phrase "if I carefully read and then sign that contract," which I think indicates that the contract was mutually understood and agreed upon.
  - sk5t 12y ago
    Mutual understanding is not the only ingredient that constitutes an enforceable contract. Issues such as duress, inequality of bargaining position, and in this case, the plain bizarre unreasonableness of the terms, can enter into the equation.