Deciphering Recreational Waivers: When Are They Truly Enforceable?

Recreational activities such as skiing, rock climbing, fitness classes, and school field trips will likely all require the participant to sign a recreational waiver before participating. A waiver absolves the provider of any liability arising from activity-related injuries. However, does signing a waiver truly mean one has no legal recourse if injured?

In general, waivers will likely be legally binding if the following conditions are met: the provider draws attention to its existence, the reader understands the waiver, and the injury falls within the waiver’s scope. Recreational waivers are commonly presented as either a stand-alone agreement or as a part of a larger agreement. Stand-alone agreements are often easier to enforce since the reader will know of its existence. For waiver provisions in a larger agreement, warning messages such as “PLEASE READ CAREFULLY” or bold, differently coloured font increase its enforceability. When the waiver terms are brought to the reader’s attention, one’s carelessness or lack of concern about the nature and consequences of the terms generally do not negate the validity of the waiver.

A liability waiver may also be written on tickets associated with an activity, such as ski lift tickets. Generally, the waiver will likely be enforceable if the waiver terms or warnings are posted where the tickets are sold. Such is true even if the participant did not read the terms, so long as the activity provider took reasonable steps to alert the participant to the waiver.

Further, the reader must be given enough time to read the waiver and understand that they are signing away their right to sue. If the reader is mistaken to the nature and character of the document they signed, the waiver may be invalidated if there was no carelessness on the reader’s behalf. Considerations include the level of education and sophistication of the signer, their grasp of the English language, whether they have signed waivers in the past, and how experienced they are with the recreation in question. Waivers written in plain language are more likely to be enforceable. However, waivers written using more complex legal terms may still be enforceable if the reader has experience with the legal system.

Lastly, waivers generally only protect against injuries contemplated within the waiver’s scope. For example, a waiver covering the use of a ski hill is not likely to protect against a slip and fall inside the ski lodge. The scope of the waiver is typically written within the waiver itself.

In summary, the enforceability of recreational waivers is not always certain. Before signing any contract, reading and understanding its terms and asking questions for clarity is a good idea. If you were injured during a recreational activity and signed a waiver, talk to a lawyer to understand your legal rights and the impact of any waivers you signed.

If you need support, contact Legate Injury Lawyers