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 Iowa, 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 serve to inform participants of the risks involved and typically absolve the entity requiring the waiver of responsibility for ordinary negligence. However, they cannot shield against gross negligence or willful and wanton misconduct. The enforceability of these waivers is determined by Iowa's case law, which generally upholds waivers that are clear, unambiguous, and not against public policy. Courts will closely scrutinize waivers to ensure they were fairly entered into and do not violate legal standards. It's important to note that waivers for certain activities involving minors may have additional restrictions, as courts are particularly cautious when it comes to the rights of children.