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 Mexico, waivers or releases are commonly used by businesses and organizations to limit their liability for injuries or damages that occur on their premises or as a result of the activities they sponsor. These legal documents typically inform the participant of the risks involved and contractually absolve the entity of liability for ordinary negligence, but not for gross negligence or willful misconduct. The effectiveness of such waivers in New Mexico is determined by state law, which includes both statutes and judicial decisions. Courts in New Mexico will generally uphold a properly drafted and voluntarily signed waiver if it is clear, unambiguous, and not contrary to public policy. However, waivers that attempt to shield an entity from liability for gross negligence or intentional acts are not enforceable. It is important for individuals to read and understand any waiver or release before signing it, as it may significantly affect their legal rights.