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 Florida, 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 absolve liability for gross negligence or intentional acts. Florida law generally upholds the enforceability of properly drafted waivers or releases, provided they are clear, unambiguous, and specific. The courts will not enforce waivers that are vague or violate public policy. It is important for individuals to read and understand the terms of any waiver or release before signing, as signing such a document can significantly affect their legal rights. If there is a dispute over the enforceability of a waiver or release, Florida courts will examine the specific language of the document and the circumstances surrounding its execution.