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A limitation of liability provision typically contains two parts: a waiver of damages and a liability cap. The waiver of damages clause typically limits a party's exposure only to direct damages (i.e., damages suffered by a party that naturally result from the breach of the other party).
AN AGREEMENT NOT TO SUE THE RELEASEES for any loss, injury, costs or damages of any form or type, howsoever caused or arising, and whether directly or indirectly from the participation of my minor child/ward in any aspect of the EVENT; and.
Signing a liability waiver can make it more difficult to hold a defendant liable for your accident and injury during a dangerous activity. It does not, however, make it impossible. In general, a liability waiver in Utah only protects a defendant from liability for injuries related to ordinary negligence.
The company wouldn't likely want to accept responsibility if something went wrong, so the liability waiver would make it clear to you what risks you're accepting before you take the leap. Disclaimers are statements that specifically outline the scope of responsibilities and obligations that one party has for another.
Utah has a comparative negligence law in place that has a 50 percent fault bar. This means that if you are at least half at fault, you will not retain anything from the accident. If you are at less than half at fault, you will receive a partial damage award.
Even if you have signed a liability waiver, it does not absolve the business or other party from liability in cases of gross negligence, intentional harm, or reckless behavior. If the other party's actions fall into these categories, you may still have legal recourse despite signing a waiver.