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 Vermont, a waiver or release is a legal document that individuals may be asked to sign before participating in various activities or entering certain premises. These waivers are designed to inform participants of the inherent risks associated with the activity and to protect the business or organization from liability for ordinary negligence. However, they cannot shield an entity from responsibility for gross negligence or willful and wanton misconduct. The enforceability of these waivers in Vermont is determined by state statutes and judicial decisions. Vermont courts will generally enforce a properly drafted and voluntarily signed waiver if it is clear, unambiguous, and specific to the risks involved in the activity. However, waivers that are overly broad or unclear may not be upheld. It is important for businesses to ensure their waivers are well-drafted and for individuals to understand the implications of signing such documents.