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Generally, a liability waiver document is a legally binding agreement that relinquishes the right of one party to pursue legal remedy for injuries accrued on the property, regardless of fault involved.
In California, waivers of liability are generally enforceable so long as they have been drafted correctly, are explicit as to the scope of coverage, are legible and use high-visibility text, and do not illegally waive unknown or unrelated claims.
How long do I keep signed waivers? The sponsoring unit is required to retain the waiver for six (6) years after the end of the event or activity for which the waiver was signed.
Waivers must be stored by the department supervising the activity for at least three years after the activity ends.
A release of liability, also known as a liability waiver or a hold harmless agreement, is a contract in which one party agrees not to hold another party liable for damages or injury. These contracts are common in fields that involve some risk to property, finances, or health.
A liability waiver, or release of liability, is a legal document that a company or organization has you sign in order to protect them from being sued in the event that you are injured.
Liability waivers are enforceable in California solely to the extent they shift to the customer the risk of ordinary negligence. Under California law, a liability waiver cannot excuse an injury caused by a defendant's gross negligence, recklessness or intentionally wrongful act.
If the risks are specifically outlined in the waiver, chances are you will experience them. If nothing else, reading the waiver will prepare you for the activity, which may help you avoid injuries. The document will also state that signing the waiver releases the company of any injury liability.
To sum it up, customers can still sue business owners even when they've signed a waiver to use the business.