Whether it is promotion or marketing, it should comply with the requirements of the law and not touch the prescribed red line

　　Recently, Douyin user "Shanghai Hummingbird Esports" released a video showing an agreement signed by 6 netizens and pressing their thumbprints, with the text "Life and death depend on fate, wealth depends on heaven".

The agreement reads: "Because I haven't made any money this year and don't want to go home for the New Year, and the company is on holiday again, I really have no place to go. From January 4th to 24th, the boss will only charge 300 yuan to play casually until the end of the year. Unexpected situations, whether life or death, have nothing to do with the owner of the Internet cafe."

　　To be honest, from the price point of view, Internet cafes have released a lot of goodwill.

As we all know, in the economically developed Shanghai area, even during the Spring Festival, ordinary hotels and entertainment venues are expensive, but according to the promotional discounts of Internet cafes, you only need to pay 300 yuan to play for 20 days, and the apportionment is only 15 yuan per day. It can be regarded as "cabbage price".

However, the act of signing a "life-death certificate" inevitably makes people wonder: Internet cafes want to sign a "life-death certificate" to reduce the burden of responsibility since the price has been compromised?

According to media interviews, regarding the fact that 6 netizens wrote "life and death certificates" and signed their fingerprints, Boss Han said that this was not a requirement of the Internet cafe, but initiated by the netizens themselves, "I also want to make us feel at ease." Hummingbird e-sports "300 yuan package for 20 days" activities must be signed and fingerprinted.

　　As for the so-called "agreement", it is not clear whether it was requested by the Internet cafe or signed by the netizens spontaneously.

It looks more like Internet cafes want to be different, and this approach contains certain marketing implications.

According to reports, this "life and death" video quickly fermented on the Internet after it was released. In about a day, the video received more than 10,000 likes and more than 3,000 comments.

The boss said that there are currently many netizens who come to consult.

It can be said that one stone can stir up thousands of waves. After all, in the Internet age, traffic is also money, and a large advertisement on the entire network is thus formed.

　　However, this practice of signing a "life and death certificate" may hardly stand up to legal scrutiny.

First of all, as a party to a civil contract, the statutory obligation is not eliminated because "the other party voluntarily waives the right".

Even if the customer expresses that the Internet cafe is not responsible for personal safety, the Internet cafe, as the service provider, still has the legal obligation to provide security for the customer's consumption activities.

That is to say, Internet cafes have the obligation to remind customers to prevent addiction while surfing the Internet; in case of special circumstances such as illness or injury, Internet cafes also have the obligation to rescue and call the police in time, and they cannot be abandoned just because of a "life and death certificate". .

　　Furthermore, as far as the requirements of civil contracts are concerned, the signing form of the "birth and death certificate" may not be so qualified.

Signing a contract must comply with laws and regulations. According to the Civil Code, standard clauses that provide standard terms that unreasonably exempt or reduce its liability, aggravate the other party's liability, limit or exclude the other party's main rights are invalid; Wait.

　　It was agreed that "300 yuan will cover 20 days", and "any unexpected situation, regardless of life or death, has nothing to do with the owner of the Internet cafe", which is obviously exempting one party from responsibility and irresponsible for the other party's personal safety.

　　A market economy where innovation is king should first and foremost be a market economy ruled by law.

Regardless of whether it is promotion or marketing, it should comply with the requirements of the law and not touch the prescribed red line.

The practice of signing a "life and death certificate" not only cannot be used as a "shield", but it is more likely to be suspected of playing a gimmick and shirking responsibility.

For enterprises, it is necessary to re-examine their behavior to make the discount popular and legal.

　　Chengdu Commercial Daily-Red Star News special commentator Liu Yuting