Waivers

Articles relating to waiver law and/or how to write an effective waiver.

What if a Minor Lies about His Age? Is the Waiver enforceable?

By Doyice Cotten

Service providers often ask “Is my waiver still enforceable if a minor lies about his age and signs the waiver?” The answer probably varies considerably depending upon where the incident happens. Remember, waiver law is state law and the law is not the same everywhere. A recent Georgia court provided some evidence regarding the answer to this question – at least for service providers in Georgia.

Adventure Air Sports Kennesaw, LLC (AASK) requires that all participants sign a waiver of liability and minor participants must have his or her parents sign the waiver.

Riding a Mechanical Bull after much “Socializing” Might Not be the Best Idea!

Doyice Cotten

Joseph Kuchta, while socializing with friends at Gilley’s Nightclub in Sparks, Nevada, observed the operation of a mechanical bull. He expressed interest in a gentle ride like the ones he had observed, termed a 2 out of a possible 10 in roughness. The employee demonstrated how easy a slow ride was and Kuchta agreed to do it. He was required to sign a liability waiver which stated the potential risks and possible injuries involved in riding the bull,

Help in Recognizing Ambiguity in Your Waiver

By Doyice Cotten

Ambiguity is one of the most prevalent claims when challenging the enforceability of liability waivers. This post involves a case in which a waiver is claimed to be ambiguous. We focus on the arguments by the plaintiff and the reasoning of the court in addressing the issue.

Jodi Sheldon suffered serious injury while participating in a high ropes course at the Golden Bell Ranch in Colorado. She sued claiming negligence naming Golden Bell,

Flag Football Waiver Effectiveness Depends on GOL 5-326 Ruling: Was a Fee Paid?

Marc injured his left foot in October, 2015, while playing in a League flag football game (Marc v Middle Country Ctr. Sch. Dist. 2017 NY Slip Op 51678(U)). He jumped to catch a pass, came down on a concealed sprinkler head, and suffered injury. He sued the school district since the league game was played on school district property. Prior to the game, he and the other team members had signed waivers intended to protect the school district from liability.  

Waiver Protects Cheerleader Organization from Liability for Negligence in Georgia

By Doyice Cotten

Kimberly and James Shields sued RDM, LLC d/b/a Georgia All Stars (GA) for negligence when Kimberly tripped and fell from  mats on the floor at an exhibition of participants’ routines for parents to view in the practice area of the gym. Their daughter was a participant in Special Twist (a “special needs all star cheer and dance team.”)  Special Twist is not part of the Georgia All Stars facility or teams, but is instead an independent 501 (3) (c) organization that was invited to participate in the exhibition on the night in question.

Is an Arbitration clause in an unenforceable waiver enforceable in NJ?

By Doyice Cotten

In Hojnowski v. Vans Skate Park (2006), The New Jersey Supreme Court ruled that parental waivers of liability (those signed by parents on behalf of their minor child) are not enforceable in New Jersey. In that same decision, it also ruled that parental arbitration agreements (those signed by parents on behalf of their minor child) are enforceable. The rationale in these decisions has been that a liability waiver, if enforced, takes away the rights of the minor for compensation for loss;

Is an Arbitration Clause in a Waiver a Possible Answer to Liability in Connecticut?

By Doyice Cotten

The plaintiff, Rita Lorentz, voluntarily signed a waiver of liability (containing an arbitration clause) when she took her children to a Sky Zone trampoline park. While there, she went to the restroom, slipped in a puddle, fell suffering injury, and subsequently sued the company, HJ & Edward Enterprises, LLC d/b/a Sky Zone (Lorentz v. HJ & Edwards Enterprises, LLC., 2020.

The agreement called for binding arbitration before an arbitrator;

Multiple Waivers and Multiple Business Names Cloud A Trail Ride Case

By Doyice Cotten

Brenda Martz-Alvarado was injured when dismounting from a trail ride. She sued the property owner, Tomi Truaz, and the owners of the trailride, Forrest and Georgia Riddle (dba Grand View Horse Tours).

Truaz was running a business at the property operating under the name Grand View Horse Tours. Martz-Alvarado purchased a trail-riding experience through a third party website and as part of securing her reservation, she agreed to a waiver of liability.

“that being around horses is inherently dangerous” and that she would assume all risks.

Nevada Supreme Court Rules on Waiver in a Gym Membership Agreement

By Doyice Cotten

Nathan Waldschmidt was injured while using the Edge Fitness facilities and filed suit challenging the waiver he had signed previously. He claimed the waiver was ambiguous.  In 2018 the Nevada Supreme Court ruled that the waiver signed by the plaintiff was enforceable (Waldschmidt v. Edge Fitness, LLC, 2018). [Neither details of the incident nor the complete waiver was reported.]

The Nevada Supreme Court upheld the summary judgment of the lower court stating that the waiver located in the gym membership contract was unambiguous.   

The #1 Thing to Check in Your Waiver!

By Doyice Cotten

Contrary to some opinions, All Waivers Are Not Born Equal. Waivers range in length from one sentence to several pages. Some are written specifically for one particular business while others are generic and intended to be used in many situations. Some are written in legalese; others written in plain language. And some provide more types of protection than others.

While waivers may vary in length, specificity, and verbiage, one of the most important determinants of whether the waiver will protect the activity provider is one or two sentences comprising what is called the exculpatory language.