What does that waiver mean?

From skydiving to yoga and everything in between, waivers have become a commonplace business practice in order to avoid getting sued. You probably don’t even think twice before signing on the dotted line. But what does that waiver mean? What rights are you signing away? We’re here to walk you through basic liability waivers so you know what you are actually signing.

Why am I being asked to sign a liability waiver?

Liability waivers have become essential to businesses due to the litigious nature of today’s society. A waiver form protects a business from liability by having customers sign a release form before participating in an activity. That way businesses are protected

A business might combine a liability waiver with an “agreement to participate” that warns customers of activity risks and the expected behavior. Combining these forms adds an additional layer of protection for the business.

Negligence 

When signing a liability waiver it is important to understand negligence and the role it plays in accidental injury. The two types of negligence we need to distinguish between — ordinary and gross. Ordinary negligence occurs when a company fails to exercise reasonable care. Liability waivers offer financial protection to businesses from this type of negligence.

Gross negligence on the other hand, according to Florida Statute, occurs when conduct was so reckless or wanton in care that it constitutes a conscious disregard or indifference to the life, safety, or rights of a person exposed to such conduct. In other words, a conscious decision was made to not correct a reported problem and harm or injury occurs. 

But I still have to sign it right?

Chances are, yes. If you refuse to sign a waiver a business can refuse service. However, if you are going to sign, it is imperative you read through the waiver and understand what rights you are waiving. So before you even think about signing your name, read through the waiver. Yes, the entire thing! If there is a term or phrase that you do not understand, ask. You could even Google it. With today’s mobile connections, there is no excuse for not understanding. If a clause makes you uncomfortable either don’t sign or you can mark through a clause and initial beside your changes. Some businesses might not allow it but it never hurts to try.