Does a waiver of liability actually free an organization, business, or individual from responsibility when injury or death occurs? Much of that depends on the waiver.

1. Can You
Waive Your
Right to Sue
for Negligence?

2. Waivers are commonly
signed before
potentially injurious
activity.

3. Skydiving
requires a
waiver.
So too does
membership
at a yoga
studio or gym.

4. Many other activities require a waiver as well.

5. A waiver is an exculpatory
(ek-ˈskəl-pə-ˌtȯr-ē)contract.
Exculpatory: From the medieval Latin word,
exculpate, which means “freed from blame.”

6. In order for a
waiver to be valid,
it must meet
three criteria:
1) The waiver addresses, expressly or
implicitly, all potential risks for harm
2) The waiver is drafted and worded
in accordance with state, local, and
federal law
3) The waiver does not violate the
law or public policy

7. While a waiver can
protect a company or
organization against
legal action.
IT DOES NOT NECESSARILY STRIP PARTICIPANTS OF THEIR RIGHT TO SUE.

8. Waivers that are
incomplete or
legally invalid are
common.
SO TOO IS GROSS NEGLIGENCE.

9. Waivers cannot protect a
company or organization from
clear wrongdoing.

10. If you suspect you
have a claim,
call (303) 237-7373
for a free case review
right away.