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 New Jersey, 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 intentional acts. The enforceability of these waivers is determined by New Jersey state law, which includes both statutes and judicial decisions. Courts in New Jersey will examine the language of the waiver to ensure that it is clear, unambiguous, and specific to the type of negligence from which the entity seeks to be absolved. Additionally, the waiver must not violate public policy. For instance, waivers signed by parents on behalf of their minor children may be subject to greater scrutiny. It is important for individuals to understand the implications of signing such waivers and for businesses to ensure their waivers are drafted in accordance with New Jersey law.