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Old 1st Apr 2008, 16:48
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mixture
 
Join Date: Aug 2002
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Recently I was asked to sign what I would consider a penalty clause at a school where I am adding to my woes by taking helicopter instruction.
When you sign things in the UK and you are entering the contract as yourself (i.e. not acting in capacity of employee/director of a company) ... there is a lot of protection under UK law !

UCTA and UTCCR are two big names ...

Unfair Contract Terms Act and Unfair Terms in Consumer Contracts Regulations

The OFT provide a few examples of unfair terms ....
http://www.oft.gov.uk/shared_oft/rep...311annexea.pdf

To put it in a simplistic fashion, if a term is unfair, then it is not enforceable, even if you signed a piece of paper agreeing to it.

Companies trying to incorrectly exclude death, injury is quite a common occurence....

Unfortunatley PPRuNe is no place for legal advice, suggest you talk to a lawyer about your concerns.
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