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Cousin2004
Yes - it sure would! I think a good place to start (for me) is to log a complaint with the Better Business Bureau while I do my research & due diligence on obtaining an able attorney to represent my family. As it turns out, one of legal friends has found a clear-cut law state statute which negates Landmark's arbitration clause (which they bury in the fine print of their paperwork). This is great news in that we won't be denied our RIGHT to a judge and jury, as well as a forum to express our first amendment rights to inform as many people as possible to the obvious dangers of participating in any Landmark course.
From what little legal ~experience~ I have, I believe this is just some sort of intimidation tactic. In other words, if you "believe" you have signed over your rights, you probably won't pursue any action and will leave quietly and not cause them any trouble. Hospitals and insurance companies now use all sorts of these tactics. If they can shame, embarrass, humiliate, discourage, or intimidate you from seeking care, requesting coverage, demanding restitution or compensation, you are "off their books" and not their responsibility. It's very, very easy to discourage people. They know this and use it hoping you will just go away and/or die in the parking lot. That way you don't cost them anything.
I think Landmark's use of these legal "release of responsibility" clauses would be intantly nullified in a court of law for the simple reason that they provide no "informed consent." It is my understanding, at least medically, that in order to provide informed consent one has to explain fully all inherent risks, however small or insignificant. But remember, they have plenty of money, lots of time, and full-time lawyers on staff to protect them. That being said, they will probably stall and delay and obfuscate until the last minute and then offer to settle with a stipulation to have the records sealed. Even though the whole thing is just some kind of a game to them, the last thing they want is to go up before a judge or jury where their tactics will be revealed.
Ellen