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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.
In general, a liability waiver in Utah only protects a defendant from liability for injuries related to ordinary negligence. This is a general breach of the duty of care. It does not protect from gross negligence or malicious intent to harm.
A waiver is not a variation to a contract. Variations: are a legally binding agreement in their own right, and. change the terms of a contract.
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 you are injured as a result of ordinary negligence, the liability waiver may fully protect the defendant and leave you without legal recourse. If you are injured as a result of gross negligence, then you may have a case.
To sum it up, customers can still sue business owners even when they've signed a waiver to use the business.
Utah's Supreme Court has held that both pre- and post-injury liability waivers signed by parents on behalf of their minor children are against public policy and therefore unenforceable.
The waiver/release is properly drafted or worded according to the law in the state of the sports organization. It does not violate any state laws or public policy.