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 South Carolina, 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 their activities. These legal documents typically inform participants of the risks involved and contractually absolve the entity of responsibility for ordinary negligence. However, they cannot waive liability for gross negligence, willful, wanton, or intentional conduct. The enforceability of these waivers is determined by South Carolina case law, which generally upholds waivers that are clear, unambiguous, and not against public policy. Courts will closely scrutinize these documents to ensure they meet legal standards and that the signer had a clear understanding of what they were waiving. It's important to note that the specific language and circumstances of each waiver can affect its enforceability, and state statutes may also play a role in certain situations.