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Are such waivers enforceable? In Montana, waivers are not even required in some instances. Section 27-1-753 of Montana's Annotated Code states that you assume the risks of any sporting or recreational activity in which you choose to participate.
Although a participant or visitor cannot waive their right to a personal injury claim by signing a waiver, a document setting out the risks and asking for acknowledgement of those risks by the participant or visitor (usually by way of a signature and date), can support a successful defence if an injury does happen.
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.
What is a Liability Waiver? Liability waivers, also known as waivers of liability, release forms, and hold harmless agreements, are legally binding documents. A participant, such as a customer or an employee, accepts risk and agrees to waive the company's liability for damages associated with inherent dangers.
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.
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 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.