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 Utah, 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 typically inform participants of the risks involved and contractually absolve the entity of responsibility for ordinary negligence, while still maintaining liability for gross negligence or intentional harm. Utah courts generally uphold the enforceability of properly drafted waivers, provided they are clear, unambiguous, and do not violate public policy. The Utah Supreme Court has established that for a waiver to be valid, it must be communicated in a clear and unequivocal manner, and the intent to indemnify must be plainly evident. However, waivers cannot absolve liability for willful, wanton, or grossly negligent acts. It's important for individuals to read and understand the terms of any waiver before signing, as signing such a document typically means agreeing to the terms outlined, which may include giving up the right to sue for certain types of negligence.