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A release of liability and waiver of the right to sue if any loss results from participation in the activity. An express assumption of risk where the participant acknowledges understanding the nature of the activity and the risks involved, and chooses voluntarily to accept those risks.
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.
Waivers are written agreements that say the sponsor of an activity will not be liable for harm suffered by participants. Although waivers are primarily legal tools, they also serve an educational purpose by making people think about the potential risks of an activity.
Forms Signed by Minors are Not Valid No one under 18 can lawfully enter into a contract, so if a minor wants to participate in an activity requiring a liability waiver form (e.g. jumping in a bounce house or climbing a rock wall) their parent or legal guardian must be the one to sign.
In North American sports contracts, waivers is a type of player transaction. A player under contract to a team is placed on "waivers" for a specified period of time; during this time other teams may submit a claim for that player's contract.
Like insurance, waivers are a risk management technique which involves transferring liability for injuries from one party to another by means of a written contract. Waivers are most common in contact sports and high risk activities, and in some instances will be a requirement of insurance coverage.
A waiver is a demonstration, usually in written form, of a party's intent to relinquish a legal right or claim. The key point to note is that the relinquishment is voluntary, and can apply to a variety of legal situations. Essentially, a waiver removes a real or potential liability for the other party in the agreement.
THE LAW OF LIABILITY WAIVERS Under Massachusetts law, signing such waivers generally (and I stress the word generally), precludes somebody from pursuing an ordinary negligence claim against the company or individual providing the service or equipment involved in the activity.