A waiver or release is a legal document you may be required to sign as a condition of entering certain premises—such as a gym, zoo, trampoline park, or amusement park—or engaging in a certain activity, such as whitewater rafting, recreational sports, ziplining, rock climbing, bungee jumping, sea kayaking, deep sea fishing, archery, skeet shooting, or going on a nature walk.
The primary purposes of a liability waiver or release are (1) to warn you of the dangers of entering the premises or engaging in the activity and (2) eliminating legal responsibility for ordinary negligence (not gross negligence) of the owner, business, organization, or sponsor.
The enforceability of liability waivers or releases vary from state to state and may be governed by a state’s statutes and its court opinions (also known as case law or common law).
In Arizona, waivers or releases are commonly used by businesses and organizations to limit their liability when individuals enter their premises or participate in potentially hazardous activities. These legal documents serve to inform the participant of the inherent risks involved and typically aim to absolve the entity requiring the waiver of responsibility for injuries that may occur due to ordinary negligence. However, it's important to note that such waivers cannot shield an entity from liability for gross negligence or intentional harm. The enforceability of these waivers in Arizona is determined by state law and interpreted through case law. Courts will generally uphold a properly drafted and voluntarily signed waiver if it clearly communicates the risks and the intent to release the entity from liability. However, if a waiver is ambiguous, misleading, or overly broad, it may be deemed unenforceable. It is advisable for individuals to read and fully understand the terms of any waiver before signing, and for entities to ensure their waivers are fair and compliant with Arizona law.