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 Washington State, 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 release the entity from liability for ordinary negligence. However, they cannot waive liability for gross negligence or intentional misconduct. The enforceability of these waivers is subject to Washington's state statutes and judicial interpretations. Courts in Washington will generally uphold a properly drafted and voluntarily signed waiver if it is clear, unambiguous, and explicitly covers the specific risks involved in the activity. However, if a waiver is overly broad, unclear, or deemed unconscionable, it may not be enforced. It's important to note that waivers for certain activities, especially those involving minors, may be subject to additional scrutiny or specific regulations.