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 Oregon, waivers or releases are commonly used by businesses and organizations to limit their liability for ordinary negligence when individuals enter their premises or participate in potentially hazardous activities. These legal documents serve to inform participants of the risks involved and to relinquish the right to sue the entity for any injuries that may occur due to ordinary negligence. However, it's important to note that such waivers cannot shield an entity from liability for gross negligence, willful or wanton misconduct, or intentional acts that cause harm. The enforceability of these waivers is subject to Oregon state statutes and judicial interpretations. Courts in Oregon will evaluate the clarity of the waiver, the scope of the release, and the circumstances under which it was signed. If a waiver is found to be overly broad, unclear, or unconscionable, it may be deemed unenforceable. It is advisable for individuals to read and fully understand the terms of any waiver before signing, and for entities to ensure their waivers are drafted in accordance with Oregon law.