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 Connecticut, 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 contractually absolve the entity of responsibility for ordinary negligence. However, they cannot shield an entity from liability for gross negligence or willful and wanton misconduct. The enforceability of these waivers is determined by Connecticut state law and interpreted by courts on a case-by-case basis. Courts will consider factors such as the clarity of the waiver language, the circumstances under which the waiver was signed, and the nature of the conduct that caused the injury. It is important to note that while waivers can provide a level of protection to businesses, they are not absolute, and individuals may still have legal recourse if they are injured due to gross negligence or other excluded conduct.