Have you ever read the back of a ski lift ticket, or the form you signed when your child went to a birthday party at an ice skating rink or enrolled in a sport camp?
Those of us who live in the Wenatchee Valley know that this is one of the most beautiful places on earth. The natural beauty of our region offers tremendous recreation and sport-related business opportunities. Like any other commercial concern, recreation and sport-related businesses need to be vigilant about minimizing risk.
This article provides recreation and sport related businesses, as well as their customers, with an overview of waivers or release of liability agreements. The terms “waiver” or “release of liability agreement” are commonly used interchangeably.
Recreation or sport related providers generally require participants to sign a waiver. The general rule in Washington is that a waiver is valid and enforceable unless: (1) it violates public policy; (2) the provider’s (e.g., ski resorts, ice arenas, health clubs, soccer camps, sport leagues, etc.) negligent act falls greatly below the legal standard for protection of others; or (3) it is inconspicuous.
In a valid and enforceable recreation or sport waiver, the participant waives or releases any future negligence claim he or she may have against the provider or its employees in exchange for an opportunity to participate in the recreational activity or sport.
The waiver attempts to limit or eliminate the liability of the provider if someone suffers an injury. However, the waiver is only limited to negligent conduct.
Accordingly, the participant does not waive or release any claims based upon the willful or wanton misconduct of the provider. Unlike negligence, which is unreasonable conduct likely to result in injury, willful or wanton misconduct (sometimes referred to as intentional or “gross” negligence) goes beyond mere carelessness.
Willful or wanton misconduct demonstrates an utter disregard for the physical well-being of the participant, or the intent to cause harm.
Waiver law is state law; therefore, it varies from state to state. In Washington, a well-written waiver, voluntarily signed by an adult will generally protect the provider from liability for injuries that customers sustain while engaged in the activity, even if those injuries resulted from the negligence of the provider. If an adult is asked to sign a waiver on behalf of a minor, there are additional considerations that are beyond the scope of this article.
Ernest Radillo is an attorney in the Wenatchee office of Ogden Murphy Wallace, PLLC. His practice areas are litigation, business, employment and labor law.
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