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 Wisconsin, 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. However, they cannot waive liability for gross negligence or willful and wanton misconduct. The enforceability of these waivers is subject to Wisconsin state statutes and judicial interpretations. Wisconsin courts have upheld waivers that are clear, unambiguous, and not against public policy. The courts will closely scrutinize waivers to ensure they meet legal standards and do not violate statutory provisions. For instance, a waiver signed by a parent on behalf of a minor child may not be enforceable in certain situations. It is important for individuals to read and understand the terms of any waiver before signing, and for businesses to ensure their waivers are drafted in accordance with Wisconsin law.