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 California, waivers or releases are commonly used by businesses and organizations to limit their liability for injuries or damages that occur on their premises or during activities they sponsor. These legal documents typically inform participants of the risks involved and require them to agree not to hold the entity responsible for harm resulting from ordinary negligence. However, California law does not permit waivers to absolve entities from responsibility for gross negligence, willful acts, or violations of the law. The enforceability of these waivers is determined by both statutory law and judicial decisions. Courts will evaluate the clarity of the waiver, whether it was signed voluntarily, and if the terms are unconscionable or against public policy. A waiver that is overly broad or unclear may not be enforced. It's important to note that while waivers can provide a level of protection for businesses, they are not absolute, and claims of gross negligence or intentional misconduct can still be pursued.