A waiver or release is a legal document you may be required to sign as a condition of entering certain premises—such as a gym, zoo, trampoline park, or amusement park—or engaging in a certain activity, such as whitewater rafting, recreational sports, ziplining, rock climbing, bungee jumping, sea kayaking, deep sea fishing, archery, skeet shooting, or going on a nature walk.
The primary purposes of a liability waiver or release are (1) to warn you of the dangers of entering the premises or engaging in the activity and (2) eliminating legal responsibility for ordinary negligence (not gross negligence) of the owner, business, organization, or sponsor.
The enforceability of liability waivers or releases vary from state to state and may be governed by a state’s statutes and its court opinions (also known as case law or common law).
In Texas, waivers or releases are commonly used by businesses and organizations to limit their liability for injuries or damages that occur on their premises or during activities they sponsor. These legal documents typically inform participants of the risks involved and contractually absolve the entity of responsibility for ordinary negligence. However, Texas law does not permit waivers to release entities from liability for gross negligence, willful or wanton misconduct, or intentional torts. The enforceability of these waivers is subject to Texas state statutes and judicial interpretations. Courts in Texas will generally uphold a properly constructed waiver if it is clear, unambiguous, and explicit in expressing the intent of the parties. The waiver must also comply with the fair notice requirements, which include the Conspicuousness Requirement and the Express Negligence Doctrine. This means the waiver must be clearly visible and explicitly state that it covers negligence. If a waiver fails to meet these standards, it may be deemed unenforceable. It's important for individuals to read and understand any waiver or release before signing, and for businesses to ensure their waivers are legally sound and in compliance with Texas law.
