A liability waiver asks participants to give up certain legal claims if they are injured. Courts enforce some waivers and refuse others.
How they work
A waiver is a contract. To be enforceable, it generally must be clear, voluntary and cover the risk that caused the injury. Participants must understand the risks they accept.
Limits
- Waivers usually cannot excuse gross negligence or intentional harm.
- Some states limit waivers for minors or for certain businesses.
- Unclear or hidden terms may not be enforced.
- Waivers do not stop government safety enforcement.
For organizers
- Use clear, plain language and describe risks.
- Have participants sign before the activity.
- Keep records of signed waivers.
- Carry insurance.
- Have a lawyer tailor waivers for your state.
For participants
Read before signing and ask questions. Signing does not remove all rights, but it can limit them. Keep a copy.
Frequently asked questions
Can parents sign for kids?
Some states enforce them, others do not.
Does a waiver prevent all lawsuits?
No, especially for serious negligence.