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Author Topic: Motiv Ball Exchange Program Legal Release  (Read 4432 times)

Aloarjr810

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Motiv Ball Exchange Program Legal Release
« on: April 06, 2016, 03:55:33 PM »
 FULL RELEASE. I ("Participant") desire to participate in Wilbur Products, Inc., d/b/a Motiv Bowling’s (“Motiv”) Ball Exchange Program (“Program”). In exchange for the opportunity to participate in the Program, Participant hereby voluntarily, irrevocably, and unconditionally warrants and agrees for Participant and Participant’s heirs, insurers, successors, and assigns, to not sue, and hereby releases and forever discharges, Motiv and its affiliates, officers, directors, shareholders, employees, representatives, successors, and assigns (collectively, the “Motiv Parties”) for any and all liability, loss, damage, obligations, causes of action, judgments, expenses, claims, and demands of any kind or nature, in law or equity, whether known or unknown, including (but not limited to) shipping and drilling costs, resulting from or related in any way to the Revocation of Approval for the Jackal and Jackal Carnage bowling balls by the USBC on or after March 15, 2016 or any use of the Jackal or Jackal Carnage balls. In this regard, without limiting the foregoing, Participant will not initiate, or be a party to, any lawsuit, court action, or other legal proceeding against the Motiv Parties, nor join or assist in the prosecution of any claim for money damages which anyone has or may have, on account of injuries, losses, or damages sustained by Participant or others in connection with or relating in any way to the Revocation of Approval, and Participant hereby waives any right Participant has to do so. Participant understands and acknowledges that participation in the Program is voluntary and constitutes full satisfaction of any and all warranty obligations that Motiv may have with respect to the Jackal and/or Jackal Carnage bowling ball.

LIMIT OF LIABILITY. The maximum liability to Motiv under this Program shall be up to one replacement with a bowling ball product manufactured by Motiv and offered to Participant (“Exchange Ball”). Motiv shall have no obligation or duty to reimburse Participant for any shipping, drilling, federal, state or local taxes, tariffs, or other charges, costs, or expenses that Participant may have incurred.
« Last Edit: April 06, 2016, 03:58:04 PM by Aloarjr810 »
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milorafferty

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Re: Motiv Ball Exchange Program Legal Release
« Reply #1 on: April 06, 2016, 04:16:35 PM »
This would never hold up in court.
"If guns kill people, do pencils misspell words?"

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big_bg

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Re: Motiv Ball Exchange Program Legal Release
« Reply #2 on: April 06, 2016, 06:36:16 PM »
This would never hold up in court.

Even if it doesn't which to my eyes it's not horribly deficient, good luck to those trying to prove damages beyond what the program offers.

nextbowler

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Re: Motiv Ball Exchange Program Legal Release
« Reply #3 on: April 06, 2016, 06:58:51 PM »
I agree that there are probably no individual causes of action, however, collectively I could see some damages that may add up to being very costly.  An example would be where a bowler entered a tournament, used the illegal ball and did not cash.  Would that bowler be entitled to his entry fee being a cause of action because he did not know of the improper core?  What about getting his league fees, related to the prize fund, returned because of the illegal Motive ball.  It doesn't make any difference if the examples were prior to March 15, the balls were still out of bounds.  Just an example for someone to challenge in court.  The answers are not always so obvious.

luv2C10falll

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Re: Motiv Ball Exchange Program Legal Release
« Reply #4 on: April 06, 2016, 06:59:16 PM »
Typical big business move.Losing respect for the motiv brand

big_bg

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Re: Motiv Ball Exchange Program Legal Release
« Reply #5 on: April 06, 2016, 07:15:10 PM »
I agree that there are probably no individual causes of action, however, collectively I could see some damages that may add up to being very costly.  An example would be where a bowler entered a tournament, used the illegal ball and did not cash.  Would that bowler be entitled to his entry fee being a cause of action because he did not know of the improper core?  What about getting his league fees, related to the prize fund, returned because of the illegal Motive ball.  It doesn't make any difference if the examples were prior to March 15, the balls were still out of bounds.  Just an example for someone to challenge in court.  The answers are not always so obvious.

The damages would be extremely difficult to prove. How do you prove that your ball was in fact illegal? it may no longer be approved but it doesn't mean that the specific ball was not within the USBC guidelines. The only people who I think would have a cause of action that is worth any more then 10-20 bucks a ball would be if the USBC or PBA were to take away prizes for those who cashed in tournaments with those balls.

Speculating that you didn't cash because the ball is no longer approved is not actual damages.

A release is required in these cases to avoid protracted litigation, take the offer or try to fight it but the cost of the ball is likely less then the cost of paying a lawyer for an hour.

Bowlaholic

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Re: Motiv Ball Exchange Program Legal Release
« Reply #6 on: April 06, 2016, 07:18:45 PM »
Never knew there were so many on here that have passed the bar exam and are bonafided lawyers.  Interesting....just learned something I did not know.