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.

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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,

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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,

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