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 West Virginia (WV), liability waivers and releases are generally enforceable if they are clearly written, unambiguous, and involve a voluntary and intentional agreement between the parties. These documents are often used by businesses and organizations to limit their liability for ordinary negligence in activities that carry inherent risks. However, West Virginia law does not permit waivers to absolve parties from liability for gross negligence, willful and wanton misconduct, or intentional acts. The courts in West Virginia will closely scrutinize liability waivers for fairness and clarity, and they will not enforce provisions that violate public policy or are deemed unconscionable. It is important for individuals to read and understand any waiver or release before signing it, as signing such a document may limit their legal rights to recover damages in the event of injury.