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a general release of liability also known as a liability waiver is a contract between two parties to release one party from liability or harm that may arise from ordinary negligence in advance of an incident occurring a release of liability should be clearly written in order for a person of ordinary intelligence to understand without additional explanation for the waiver to be enforceable a party may not be released from liability in all instances gross negligence will not be waived from liability activities for which parties frequently require liability waivers include participation in sports recreational or related activities attendance at sports or entertainment events and use of a venue or premises a release of liability is not used to release a party from prior instances in which harm has already occurred it is more commonly used in instances where harm has not yet occurred or may be possible or likely to occur based on the events to come