No Fun Before You Sign: The Ugly Truth About Liability Waivers & Recreational Activities

no fun beforeyou sign:the ugly truthabout waivers& recreationalactivities

before you partake in any summer fun,you'll probably be asked

to sign some type of waiver.

activities that often require waivers include:

SNORKELINGKAYAKINGPARASAILING

JETSKI RENTALS

SKATEBOARDINGWHITE WATER RAFTING

EXTREME OBSTACLE COURSES

DEEP SEA FISHINGSCUBA DIVING

MOUNTAIN BIKE RENTALSPARAGLIDING SKYDIVING

PADDLEBOARD RENTALS

Most of us don't read it -we just sign after the big X on the line.

here's what you need to knowabout waivers before you sign &

indulge in recreational activities.

a waiver is a voluntary relinquishment or surrenderof some known right or privilege.

It's also know as an express assumption of riskIn this case, you're agreeing that you'll assume any risksassociated with the activity you're about to do

what are waivers?

liability waivers are the most common.When you sign, you acknowledge whatever risks areinvolved in your participation of an activity.

The waiver attempts to remove legal liability from thebusiness or person responsible for the activity - the jet skirental place, your scuba instructor, etc.

liability waivers

when you do these recreationalactivities, you put yourself at risk.

when you sign a liability waiver,you sign away your right to sue

if something happens to you.

This is from a standard waiver and release from liabilityfor extreme sports that businesses can purchase online:

I understand that the activities, in which I will participate, are inherentlydangerous and may cause serious or grievous injuries, including bodilyinjury, damage to personal property and/or death. On behalf of myself, myheirs, assigns, administrators, executors and next of kin, I waive all claimsfor damages, injuries and death sustained to me or my property, that I mayhave against the aforementioned released party to such activity, includingclaims in tort, contract, equity or otherwise.

how waivers are enforced depends on

State lawThe language of the waiverThe injury itself

enforceability

three main elements:

in most states, sport providers are protected

Crashing while mountain bikingDecompression sickness after scuba divingDrowning while white-water rafting

enforceability

from liability when an injury occurs as aresult of an "inherent risk"

companies have gotten very good at draftingbulletproof waivers for these types of accidents.

So is there any recourse? It depends.How waivers are enforced is based on several elements, including:

State lawLanguage of the waiverThe nature of the injury itself

In some cases, if you can prove the activity provider was grossly negligent,you may be able to pursue legal action.

Failure to correct a problem after it's been reported - such asunder-staffing or under-maintained equipment/facilitiesPrioritizing profit over the well-being of participants

gross negligence

signs of gross negligence:

Before you sign, make sure you aren’t also agreeing to give up yourright to recover damages if the company or individual was grosslynegligent and you were injured as a result.

the burden remains on you,as the participant ,

to read the waiver carefullybefore you sign.

protect yourself by doing research

Research the activity provider for accident history,

previous lawsuits, etc.

Ask for clarification if you don't understandsomething in the waiverRead the entire waiver carefully & weigh the risks

before you sign

& asking questions before you sign.

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