A waiver is a contractual agreement whereby a party wishing to partake in a certain activity agrees to release the hosting party from any liability that may otherwise be incurred. Many people are aware that often a theme park, amusement park or water park may want to require its customers to sign a Waiver and Release of Liability in order to enjoy the park’s attractions. These waivers are critical to the financial security of the park.

Under the traditional law of negligence, a landowner or owner of commercial property owes a duty of care to all guests who come on the property. This means that if something happens to the “guest” while on the premises, the landowner may be liable for any injury caused. With these waivers, however, a guest is said to have “assumed the risk” as is the case with inherently risky activities, such as sporting events. By signing a waiver, the guest will waive all rights to sue the host/property owner for damages or injury that may be incurred, except in cases of gross negligence or willful misconduct.

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