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 Maine, waivers or releases are commonly used by businesses and organizations to limit their liability for injuries or damages that occur when individuals enter their premises or participate in certain activities. These legal documents serve to inform the participant of the inherent risks associated with the activity and to release the business or organization from liability for ordinary negligence. However, it is important to note that waivers cannot shield an entity from liability for gross negligence or intentional harm. The enforceability of these waivers is determined by Maine's state statutes and judicial decisions. Courts in Maine will generally uphold a properly drafted and voluntarily signed waiver if it is clear, unambiguous, and specific to the risks involved, but they will scrutinize such agreements for fairness and public policy considerations. It is advisable for individuals to read and fully understand the terms of any waiver before signing, and for businesses to ensure their waivers are drafted in accordance with Maine law.