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Liability waiver form?

If I read into the question, it seems most likely that you are asking this question relative to a recreation, sports or fitness facility and their use of liability waivers.Liability waivers allow two parties to more clearly define and accept responsibility. They are necessary for more hazardous types of businesses to exist.Why are liability waivers legal?Say accidents occurred due to hazardous equipment, negligent staff, or other fault of the facility, wouldn't the better thing be to protect the customer and fix whatever is dangerous about the facility?Facilities that offer recreational equipment face the potential for “strict liability”. Absolute or strict liability is a standard of responsibility that holds the business to negligence regardless of fault.A Liability Waiver does not absolve the business from liability, but provides a more reasonable standard than “strict” or “absolute” liability.With the use of a waiver, the customer acknowledges that the activity in which they are participating is dangerous and comes with inherent risk. It does not prevent the customer from seeking damages, but changes the level of responsibility for each party involved.A waiver does not absolve a business from proper training of staff or a staff person’s gross negligence. It also does not absolve them from properly maintaining their equipment.Some thoughts that come to mind following the question’s intent “Why are Liability Waivers Legal”…Availability of Insurance: Would (affordable) insurance be available for some of the more hazardous activities (say businesses) that we enjoy if they were not allowed to require a waiver from their customers?Lack of Risk Sharing/Transfer: If (affordable) insurance were not available for these types of businesses, what would happen to the presence those businesses?Without Insurance: If a waiver was illegal, and these businesses did choose to accept the risk associated with “strict liability”, what type of individual/organization would own them?What would be the business owner’s method for mitigating/transfer/avoidance the high risk of a lawsuit and judgement?What method of collection would injured parties have in that environment?What would the use of those facilities cost consumers?The ability to use a Liability Waiver allows patrons to accept the inherent risk of the hazardous activity while also allowing the businesses to exist and offer their services at more reasonable cost.Though state laws vary, even with waivers in use, a participant is provided a financial backdrop in the event they are not afforded reasonable care.I am not a lawyer and will see this question through an insurance lens. Asking those in the legal field to respond would provide a broader perspective.Some top notch Quoran’s for a legal point of view include: Jennifer Ellis, Cliff Gilley and Dana H. Shultz.Good question. Thanks for the A2A.

Though excellent practice, a singed waiver is only as good as it is written and as the state in which you reside will recognize same.For an interesting look at how well waivers may hold up in your state, see the following resources:The ABCs of Liability WaiversUnderstanding Liability WaiversAre Waiver/Releases Worth the Paper on Which They're Written?As others have posted, a signed waiver does not provide relief from:Defense costs:A signed waiver does not prevent someone from suing the sports league.Defense costs alone can run into many thousands of dollars. The threat of suit whether defensible by a waiver or not is reason enough to purchase coverageParties injured who have not signed a waiver:Sporting events draw spectators. Spectators include those who have not signed a waiver.Non-signing spouses. In some states, each parent would need to sign a minor’s waiver in order for the document to be enforceable for both parties.It might be interesting to note that insurance pricing for those states that enforce signed waivers would also be those where coverage is less expensive. In a jurisdiction where waivers hold little credence, the exposure is greater and therefore so also the premium.Sadler Sports & Recreation Insurance is a long time provider of sports league insurance including both liability and accident coverage. You can request a quote from Sadler online or ask for an agent near you to help in securing appropriate coverage.Thanks for the A2A