Nightclub 'flip-flops' over sandal risk waiver forms

Wednesday 16 August 2023

A Jersey bar has confirmed it is no longer requiring clubbers wearing crocs, flip-flops or sandals to sign a risk waiver upon entry – after realising that it was a “worthless document”.

While strappy and unenclosed shoes are a frequent style of choice for a summer night out, patrons of Chambers recently had the surprise of being asked by door staff to sign a form acknowledging that they were exposing themselves to risk and that it isn't the club's fault if they get hurt.

It read:

"I hereby acknowledge that I have been made aware of the potential dangers of broken glass on the floor in Chambers and that I am wearing shoes which could expose me to injury e.g. backless sandals, flip flops, crocs etc.

"By signing below, I take full responsibility and understand that entering is at my own risk and I exonerate any liability towards Chambers should an accident occur."

Pictured: The form patrons were asked to sign by Chambers, which is part of the Randalls chain of venues.

The form had been put in place, according to Randalls' Managing Director Gavin Reid, not due to a particular incident but because the summer season had meant an increasing number of people were visiting straight from the beach and therefore in these types of footwear.

However, it has now been retracted due to data protection requirements which meant the forms had to be shredded the next morning.

"It defeats the object if someone is to put in a claim several weeks later," he said.

He then added it was never intended to be something used in court.

"We were just trying to put something in place that focuses [clients'] attention on the environment they are entering, where there could be glass, and fills our obligation to our insurer as well."

"We have listened and re-addressed it."

Pictured: Mr Reid said Chambers wanted to focus patrons' "attention on the environment they are entering, where there could be glass".

He said the measure was "proactive", and the actions of a "responsible company to make sure people who were coming in, in which we considered to be footwear that potentially exposed them to danger, were aware of the risks."

"The process of what we're trying to achieve hadn't been fulfilled. We will still continue to draw attention to people with flip-flops and say you are in an environment where you might be exposed to danger."

"There's definitely no jiggery-pokery going on here."

Mr Reid continued: "It's the same as a hire car, to suggest there are potential dangers to what you are entering into and we don't want you to injure yourself. You are exposing yourself more than the next person who's got shoes.

"There is a chance when people drop a glass, we can't get to it straight away. There's potential in those few minutes that people could walk past it and slice their foot open, and we don't want to be in that situation."

Responding to concerns that some people could be too inebriated to have been able to sign the form with full consent and awareness, Mr Reid noted that the venue would not allow drunk people in anyway. "We're not upholding the licensing law, if we allowed someone who was intoxicated entering to the premises," he noted.

He explained that Chambers and Randalls' priority and focus would always be on their customers, adding: "At the end of the day, we're in hospitality, and we don't want to make life uncomfortable or difficult for our customers."

Local lawyer and legal expert Advocate Olaf Blakeley said that, even if the form had been intended to be used in legal proceedings, it would be unlikely to hold up.

"I would be surprised if a court says that the form would protect them from liability," he said, before adding that the Jersey law required owners and occupiers to protect customers from potential risks by removing those risks.

He added that a better option might be to have notices on display warning customers that there could be broken glass on the floor.