Waiver

In personal injury law, a waiver is an agreement that a person will surrender some right or privilege in order to take on some activity. For example, a tourist who will be skiing in a resort may need to sign a waiver that the resort is cannot be held responsible for any injuries or harm that results from the activity which they will engage. Similarly, waivers are required for children involved in school sports and for other dangerous recreational activities. When a waiver is written, it is known as a disclaimer. Legally, when such a waiver is used, the person who agrees is assuming all liability for the possible dangers in the activity. The person or entity who would usually be held liable would be exculpated for any injuries cause, except for if the injury is caused by wanton or willful misconduct.

Fast Facts

  • also called an exculpatory clause

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