A waiver or release is the intentional and voluntary act of relinquishing something, such as a known right to sue a person or organization for an injury. The term waiver is sometimes used to refer a document that is signed before any damages actually occur. A release is sometimes used to refer a document that is executed after an injury has occurred.
Courts vary in their approach to enforcing releases depending on the particular facts of each case, the effect of the release on other statutes and laws, and the view of the court of the benefits of releases as a matter of public policy. Many courts will invalidate documents signed on behalf of minors. Also, Courts do not permit persons to waive their responsibility when they have exercised gross negligence or misconduct that is intentional or criminal in nature. Such an agreement would be deemed to be against public policy because it would encourage dangerous and illegal behavior.
Georgia Release From Liability by Adult Regarding Participation in a Fitness Program - Personal Trainer Waiver
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US-00732BG
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FAQ
A release of liability or waiver of liability is a legal contract where one party agrees to not sue another party in exchange for consideration, such as a payment or a favorable reference. For example, an employer could require a terminated employee to sign a waiver in exchange for severance payment.
Under Georgia law, manufacturers are held to a standard of strict liability for the products they produce. In other words, if you buy a defective product and get hurt, the manufacturer is strictly liable and can be found at fault even if they weren't careless, and even if they didn't intentionally cut any corners.
Under Georgia premises liability law, accident victims can hold the owner or occupier of property liable for negligently causing or negligently failing to repair, correct or warn about these and other unsafe conditions which lead to personal injury or wrongful death.
For a waiver to be enforceable in Georgia, the release must follow these rules: The waiver must be in writing. The waiver must be clearly worded and unambiguous in explaining the risks associated with an activity. The waiver must be prominent and not misleading.
In Georgia, waivers are generally upheld. However, when the injury results from the business owner's negligence, the situation becomes more complex. Georgia recognizes that waivers cannot absolve businesses of liability for gross negligence or willful misconduct.
