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 Ohio, 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 serve to inform participants of the inherent risks involved and typically aim to absolve the entity of responsibility for ordinary negligence, while still maintaining liability for gross negligence or willful and wanton misconduct. The enforceability of these waivers is determined by Ohio state law, which generally upholds waivers that are clearly written, unambiguous, and not in violation of public policy. However, the specific circumstances of each case, such as the nature of the activity, the clarity of the waiver language, and the behavior of the parties involved, can influence the outcome in court. It is important for individuals to read and understand any waiver or release before signing, and for businesses to ensure their waivers are drafted in compliance with Ohio law.