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 Minnesota, 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 involved and typically aim to 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 Minnesota state law, which includes both statutes and judicial decisions. Courts in Minnesota will generally uphold a properly constructed waiver if it is clear, unambiguous, and specific about the risks involved and the rights being waived. However, the courts will scrutinize waivers for fairness and may invalidate them if they are found to be overly broad or if they violate public policy. 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 in the event of injury.