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A liability waiver, or release waiver, is a legal document that a company or organization requires members of the public to sign in order to protect their organization from being sued if you sustain an injury.
Appellate courts have held that waivers are enforceable so long as there is no violation of public policy. The Landren v. Hood River Sports Club, Inc., (2001) court required that a waiver 1) must be bargained for, 2) must be called to the attention of the signing party, and 3) be conspicuous.
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.
Liability Waivers Are Mostly Enforceable. While unconscionable waivers aren't likely to be enforced, the Bagley case is the exception, not the rule.
A waiver is a legally binding provision where either party in a contract agrees to voluntarily forfeit a claim without the other party being liable. Waivers can either be in written form or some form of action.
To sum it up, customers can still sue business owners even when they've signed a waiver to use the business.
Releases of liabilitysometimes called waiversare legal agreements designed to transfer responsibility for injuries and property damage from one party to another.
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.