Waivers

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

Sport Safety Statutes Can Affect the Effectiveness of Liability Waivers

July 14, 2015

By Doyice Cotten

Most states have enacted at least one of what are sometimes called sport safety acts or shared responsibility statutes (e.g., equine, ski, whitewater rafting) intended to define or limit the liability exposure of operators of selected activities.

Problem with Waiver Contained Within Membership Agreement

July 7, 2015

By Doyice Cotten

In Hinkal v. Gavin Pardoe & Gold’s Gym (2015), Melinda Hinkal was injured while a client of a Pennsylvania health club. She had signed a membership agreement containing a waiver of liability.

First Parental Waiver Enforced in North Carolina

June 30, 2015

By Doyice Cotten

In Kelly v. United States of America (2014), the first parental waiver was enforced in North Carolina by a U.S. District Court. Morgan Kelly, a 15-year-old girl, was a cadet in the JROTC program at her high school.

Waivers OK in Montana – New Statute

June 15, 2015

By Doyice Cotten

For years there have been three states that prohibit the enforcement of pre-injury liability waivers: Louisiana, Montana, and Virginia. Now there are only two as the Montana Legislature has passed HB0204. Granted, there are a few more states in which courts are rather reluctant to enforce waivers.

Is Your Waiver Included within your Membership Agreement? This Case May Motivate you to Rethink Your Format

June 9, 2015

By Doyice Cotten

We often post reminders that two good rules to follow are: 1) Use a stand alone document for your waiver. Do not include it in a membership contract and do not combine it with a registration form.

Effects of the West Virginia Nonprofit Adventure and Recreational Activity Responsibility Act §20-16-1 upon Liability Waivers

June 2, 2015

By Doyice Cotten

The purpose of this post is to take a close look at the West Virginia Statute §20-16-1 to 8, Nonprofit Adventure and Recreational Activity Responsibility Act. This type of act,

Waiver Clearly Specifying Risks Enforced in NY Case

May 26, 2015

By Doyice Cotten

Last Week’s Post (Admiralty Law Trumps GOL 5-326 Statute in NY Jet Boat Waiver Case) focused on fact that federal admiralty law supersede state law (including New York’s G.O.L. 5-326. We look at this case again (Brozyna v.

Admiralty Law Trumps GOL 5-326 Statute in NY Jet Boat Waiver Case

May 19, 2015

Admiralty Law Trumps GOL 5-326 Statute in NY Jet Boat Waiver Case

By Doyice Cotten

In New York, liability waivers relieving a service provider of liability for its own negligence are generally enforceable, with a few exceptions.

Admiralty Law: How does it Relate to Recreation Waivers?

May 12, 2015

By Doyice Cotten

Black’s Law Dictionary defines Admiralty law (also called Maritime Law) as “that system of law that particularly relates to marine commerce and navigation, to business transacted at sea or relating to navigation, to ships and shipping,

Summary Judgment in NY Horseback Ride Case Not Granted: 1) Questions of Fact and 2) Waiver Signed by Another Person in Group

May 5, 2015

By Doyice Cotten

Lynette Blumenthal rented a horse and was thrown during her ride (Blumenthal v. The Bronx Equestrian Center, Inc., 2014 N.Y. Misc. LEXIS 2884). The defendant moved for summary judgment based on a liability waiver.