Make Your Waiver Broad
Waivers
The Importance of Well-Written Waivers
Online Waivers/Electronic Signatures in NY
In a 2008 case (Stephenson v. Food Bank for New York City), Devone Stephenson alleged that the league was negligent in its supervision, operation, and control of the basketball game in which he was injured.
18 Tips for Reducing the Risk of a Lawsuit (Part V – Basics of Risk Management)
This is the final part of a 5-part series of ways to reduce the risk of a lawsuit. This part focuses on guidelines dealing with the basic fundamentals of successful risk management. Each subject encompasses an immense amount of subject matter.
Waivers: Do Electronic Signatures Work?
The following was originally published on www.sadlersports.com/blog/.
John Sadler responds to a frequently-asked question. Although there is little case law regarding this subject, John provides some “real life” advice.
Actual Client Question:
We were wondering if you require hard signatures on the release of liability form,
Court in Trail Ride Case Gives Advice on Preparing Waivers
The Cohen v. Five Brooks Stable court (2008 Cal. App. LEXIs 222) gave some sound advice to writers of waivers. While acknowledging that California courts hold releases of liability to a high standard of clarity, the court emphasized that “An effective release is hard to draft only if the party for whom it is prepared desires to hide the ball,
Minnesota Court Enforces Waiver Signed by Parent
Why Some Waivers Fail
Keeping waivers crystal clear can protect you from lawsuits.
Some waivers are upheld when challenged in a court of law, while others are not. Why do some waivers pass and some fail? All waivers must meet the standard of being clear and unambiguous, and the most frequent reason for failure is that the waiver was ambiguous and poorly written. The following four cases illustrate two well-written waivers and two poorly written waivers.
Liability Waivers 101
What is a waiver and how is it used? Do they work? Why do they fail? How do I write an effective waiver? Get the Answers! Liability waivers, contrary to misconceptions of providers in the past, can be effective in protecting providers from liability for injuries resulting from the negligence of the provider. Waivers are inexpensive to obtain, easy to administer and store, and can help protect providers from the consequences of their own mistakes.
Waiver Terms and Definitions
Even experienced professionals in recreation, fitness, and sport often misunderstand or confuse some of the terms used. Below are some terms and their definitions that will help you better understand some of the documents that help to protect from liability.