Tag Archives: waiver of liability

Most Waivers Are Adhesion Contracts – So What?

By Doyice Cotten

There is much confusion and misinformation about adhesion contracts as they relate to the enforceability of liability waivers in recreation, fitness, and sport activities. There is a common misconception that adhesion contracts are against public policy and subsequently unenforceable.

What is an Adhesion Contract?

An adhesion contract is a “standardized contract which is imposed and drafted by the party with superior bargaining power and which relegates the subscribing party only the option of signing the contract or rejecting it” (i.e.,

Waiver Terminology (Part II)

By Doyice Cotten

 This is Part II of this series. You will notice that while Part I consisted of seven terms that were closely related in that all were designed to protect against liability for ordinary negligence and that were for the most part synonymous, Part II consists of very different terms. I would recommend that you review Part I when you finish Part II.

Indemnity Agreement

An indemnity agreement is a contract signed prior to participation by which participant or another party agrees to reimburse the provider for any monetary loss,

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.