Tag Archives: disclaimer

Resort and Tour Disclaimers Are Usually Upheld

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. The first applied to a resort vacation in St. Lucia and the second to a tour Europe.

In Santora v.

Waiver Terminology (Part I)

By Doyice Cotten

 Most professionals recognize the terms “waiver of liability,” “release and “assumption of risk.” Most, however, are not sure about how these and other similar terms are defined and what their exact function is. In this 3-part series, I will present a brief description of each, along with its intended function. If you encounter some of these terms often, it is probably important that you understand them.

 Most of these documents are legal contracts and must be signed by adults.

Lion Attack Mirrors Previous Waiver Case: ****Chimp Attacks and Injures an Intern****

By Doyice Cotten

The following recent news story  recounts a recent California incident that is similar to a 2012 case in which a young female intern was attacked and injured by a chimpanzee:

SAN FRANCISCO — A 24-year-old intern killed by an African lion at a California wildlife sanctuary died suddenly after the big cat broke her neck, a coroner said on Thursday as investigators probed why the worker had been inside the animal’s enclosure.

Resorts, Tours, and Agency Law

By Doyice Cotten

It is common practice for hotels and resorts around the world to offer optional tours to guests through activity providers. These types of tours include such activities as snorkeling, nature tours, tubing, sightseeing, and any number of other activities. It is not uncommon for a guest to be injured on such tours and seek compensation from the hotel/resort. Whether the injured guest wins or not depends upon the relationship between the hotel/resort and the activity provider – whether the provider is an agent of the hotel/resort or is an independent contractor operating on its own.

Which Waiver Format is Best?

The table featured below is an excerpt from Waivers & Releases of Liability by Doyice & Mary Cotten.  Providers should examine this table closely before deciding which format they want to use for a waiver.

Comparison of Waiver Formats

Stand-Alone Waiver
Participant Agreement

Waiver Within
Another Document

Group Waiver



One or  more pages containing only the  waiver & related information.
Exculpatory language (often just a paragraph) included within a contract or application
Exculpatory language

(often just a paragraph)at the top of the sheet with spaces below for all  members of  the group to sign
Language usually appearing on the back of a ticket disclaiming liability for injury to the participant or spectator


1) Longer,