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 Indiana, waivers or releases are commonly used by businesses and organizations to limit their liability for injuries 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 Indiana state law, which includes both statutes and judicial decisions. Courts in Indiana will generally uphold a properly constructed waiver if it is clear, unambiguous, and specific to the activity or premises involved. However, the courts will scrutinize waivers to ensure they are not against public policy and that there was no disparity in bargaining power between the parties. It is important for individuals to read and understand any waiver or release before signing it, as signing may limit their legal rights to recover damages for injuries.