Tag Archives: overbroad

Overbroad Waivers and Releases

By Doyice Cotten

Waivers and releases sometimes fail because the party that drew up the waiver made the waiver overbroad. Whether overbroad because it attempts to protect too many parties or because it attempts to protect against essentially “any reason whatsoever.” Of course, what is acceptable in a waiver varies from state to state. The following two non-sport waivers or releases serve to illustrate some of the standards existing in New York State.

 Guerra v.

Drafting Waiver Agreements for Use in Wisconsin: It’s Not Getting Any Easier

Alexander (Sandie) Pendleton

Kohner, Mann & Kailas, S.C.

The Wisconsin Court of Appeals has issued a decision that has implications for all businesses and organizations that use waiver agreements in Wisconsin.  In Brooten v. Hickok Rehabilation Services (issued April 30, 2013, recommended for publication), the court of appeals held void a waiver agreement that had been signed by an individual who joined a health club,