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 Rhode Island, waivers or releases are commonly used by businesses and organizations to limit their liability for injuries or damages that occur on their premises or during activities they sponsor. These legal documents serve to inform participants of the inherent risks involved in the activity and to absolve the entity of responsibility for ordinary negligence, though not for gross negligence or willful misconduct. The enforceability of these waivers is subject to Rhode Island state law, which includes both statutory law and judicial decisions. Courts in Rhode Island will generally uphold a properly constructed waiver if it is clear, unambiguous, and signed voluntarily, but they will scrutinize such agreements for fairness and public policy considerations. It is important to note that waivers cannot absolve liability for all types of conduct, and certain statutes may impose specific requirements or prohibitions on the use of liability waivers for certain activities.