The Importance of a Well-written Waiver

By Doyice Cotten 

Sport, recreation, and fitness businesses regularly depend upon liability waivers for protection from liability for injuries resulting from the negligence of the business. What is still astounding is the quality of some of the waivers relied upon by some businesses.

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Liability Waivers 101 (2018 Update)

By Doyice Cotten

Where there are fitness, recreation, and sport activities, there are injuries! Unfortunately, where there are injuries, there are lawsuits! Providers of these activities must take care to manage risk in three ways.  First, the provider should institute a sound risk management program which includes an approach toward reducing the likelihood of injury as much as possible. 

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A Waiver Administration Tip

By Doyice Cotten

Usually, courts will not enforce a waiver against an injured party who did not sign the waiver; this is true even if another party “signed it for the participant.”  Thus, it is always best practice for the service provider to require that each participant sign a waiver prior to participation.

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