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 Montana, waivers or releases of liability are generally enforceable if they are clearly worded and unambiguous. These documents are often used by businesses and organizations to limit their liability for ordinary negligence when individuals enter their premises or participate in potentially hazardous activities. The waivers must inform the participant of the risks involved and are intended to protect the entity from legal responsibility for injuries that occur as a result of ordinary negligence. However, Montana law does not permit waivers to release liability for gross negligence, willful or wanton conduct, or intentional acts. The Montana Supreme Court has held that public policy does not favor contracts that absolve a party from the consequences of their own negligence, but such waivers are permissible if they do not violate this public policy or any statutory provisions. It is important for individuals to read and understand any waiver or release before signing, as signing such a document may limit their legal rights to recover damages for injuries.