Waivers

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

Waiver Tips for Unsupervised Workout Facilities

February 3, 2016

By Doyice Cotten

Unsupervised gyms are pretty common today. Whether it is a regular gym or a facility in a residential building, these facilities pose an extra risk for the user. For that reason, owners of any facility that allows patrons to work out while no staff is on hand need to be certain that their waiver is worded in such a way that they are protected.

Parental Waiver Fails to Protect in Oklahoma

January 19, 2016

By Doyice Cotten

Makenzie Wethington, sixteen years-old, wanted to learn to skydive (Wethington v. Swainson, 2015). She and her parents, went to Pegasus Airsport Center to learn how. She and her parents signed a waiver of liability as part of the registration process.

Wanton Conduct at Issue in a Motocross Case

January 12, 2016

By Doyice Cotten

Sport, recreation and fitness professionals often encounter the term “negligence” and most have at least a general idea of what negligence entails; but sometimes one comes across the term “willful and wanton act”

Which States “Require” the Use of the Term “Negligence” in Waivers

January 5, 2016

By Doyice Cotten

Sportwaiver has, on a number of occasions, emphasized the importance, or even the necessity, of specifying within the waiver that the signer is releasing the provider from liability for injuries resulting from the negligence of the provider.

Parental Waiver Ambiguity Caused by Failure to Specify that Both Parent’s and Minor’s Rights Are Waived

December 15, 2015

By Doyice Cotten

In a 2013 California case (Vahedy v. Remigio), a 16 year-old camper was injured while being transported by a camp volunteer back to the Jews for Jesus headquarters for the final night of the camp.

Hawaii Case Illustrates Why Admiralty Law Can be Important to Recreation Providers

December 10, 2015

By Doyice Cotten
Mark Strickert took his wife and two children on a snorkeling trip. He and his wife signed waivers on behalf of themselves and their children. The trip consisted of six scuba divers and six snorkelers (including the four Strickerts),

Arkansas Martial Arts Waiver Enforced without the Term “Negligence”

December 3, 2015

By Doyice Cotten

Pedro Trujillo suffered an injury while training at TK Martial Arts Academy and died two days later. It was alleged that Pedro was injured when two teaching assistants threw him to the ground numerous times while under the supervision of the instructor – who knew Pedro’s head was striking the floor.

Resort and Tour Disclaimers Are Usually Upheld

November 24, 2015

By Doyice Cotten

Disclaimers on tickets or signs usually are not enforced as waivers of liability. The same, however, is not true of disclaimers in contracts used by resorts or tour operators. This post addresses a disclaimer used by Unique Vacations and SRI (Sandals Resorts) and another disclaimer used by Vantage Travel Service.

U.S. District Court Case Clouds Vermont Waiver Law

November 17, 2015

By Doyice Cotten

Over the past 20 years four Vermont Supreme Court rulings have made Vermont waiver law relatively clear. A recent U.S. District Court for the District of Vermont ruling (Littlejohn v. Timberquest Park at Magic,

Go-Kart Waiver Fails Because it Failed to Specify the Duration of the Waiver

October 27, 2015

By Doyice Cotten

Nicholas Weinrich was injured in a go-kart race when he collided with a protruding section of the guardrail. Weinrich was not required to sign a pre-race waiver because he had signed one at a race six months earlier (Weinrich v.