Liability waiver

A liability waiver is a legal document that a person who participates in an activity may sign to acknowledge the risks involved in his or her participation. By doing so, the company attempts to remove legal liability from the business or person responsible for the activity. The enforceability of such a waiver depends on state law, a jury, and the language of the waiver.[1] Liability waivers include pre-accident releases and model releases (for pictures). Liability waivers often have no legal standing and most are found to be unenforceable. For example, the Wisconsin supreme court has considered exculpatory agreements six times in the last 25 years and held the agreement in question unenforceable each time.[2] Reckless or intentional actions can never be disclaimed and liability resulting from a faulty product cannot be waived.[3]

References

  1. Low, Michael J. (2005). "It's the end of the world as we know it ... and I feel fine: The new rules for drafting liability waivers in Arizona". forc.org. Federation of Regulatory Counsel, Inc. Retrieved June 27, 2011.
  2. Siler, Mark (2011). "Liability Waivers – Busting Some Common Myths". Retrieved May 29, 2012.
  3. "Liability Waivers – Busting Some Common Myths". Retrieved May 29, 2012.

External links


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