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Under California law, circumstances that may allow a lawsuit to proceed, even if you signed a liability waiver, include incidents where: You did not sign the document. The language used was vague or unclear.
In California, release of liability waivers are legally enforceable contracts in which you assume the risk of injury for engaging in potentially dangerous activities.
A waiver of liability must be clear, unambiguous, and explicit in expressing the parties intent. Many courts in California have ruled that waivers printed in faint or small font, or in an inconspicuous place (deep in a document, on the back of a page, etc.), are less likely to be held enforceable.
For the most part, the signing of a waiver is going to hold up in court as a binding document. That does not mean, however, that you are out of options if you sign a release of liability waiver and then sustain an injury while participating in the activity the business offered.
A waiver of liability must be clear, unambiguous, and explicit in expressing the parties intent. Many courts in California have ruled that waivers printed in faint or small font, or in an inconspicuous place (deep in a document, on the back of a page, etc.), are less likely to be held enforceable.
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In the state of California, waivers of liability will be considered enforceable so long as they have been drafted properly and the language is explicit as to the scope of coverage. Additionally, the language in question has to be legible and use high-visibility text (in other words, it cannot be in the fine print).
Key Takeaways On How To Write A Waiver Choose a waiver template. Determine the type of activity or service. State the purpose of the waiver. Identify the risks. Include a title. Include customer information. Include waiver terms. Include a statement of understanding.
Almost unanimously, states have ruled that waivers signed by minor children themselves are absolutely non-binding. Parental waivers must be signed by a parent or guardian if they are to be given full legal consideration.

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