What Should I Look for in a Waiver Before Signing It?

Waivers are a pretty common part of doing business, especially if the business involves some degree of risk to customers. Waivers are designed to shield businesses from liability if customers get hurt, and customers should be skeptical of any waiver put in front of them. Most people might not know what makes a waiver good or bad, and you should be on the lookout for certain factors in any waiver you sign.

If the waiver is unclear about what it covers and what kind of rights you waive, do not sign it. Waivers should be clear and precise. If you signed an overly vague waiver, it might be unenforceable against you. You should also check the fine print in any other documents you sign. A business trying to slip a waiver into the fine print should be a major red flag. You must also consider whether the waiver seems fair. While businesses might waive liability for certain kinds of ordinary negligence, they cannot waive away absolutely all liability in any circumstance.

If you signed a dubious waiver, call our NYC personal injury lawyers at The Carrion Law Firm at (718) 841-0083 for a free case review.

Important Details to Look for Before Signing a Waiver

Anyone signing a waiver should be very skeptical of what they are signing. Waivers are designed to protect businesses, not customers. If a waiver seems far too broad and protects the business while leaving you open to serious injuries, you might want to hold off on signing it. Have our Rochester, NY personal injury lawyers review your waiver if you have not yet signed it. If you were injured after signing a waiver, it might be unenforceable if certain factors exist.

Clarity of the Waiver’s Language

Before signing, you should always look for clear and concise language in waivers. The terms and conditions of a waiver should be detailed and specific. Whatever liability is being waived should be thoroughly described and explained so there is little room for confusion or interpretation.

The activities for which liability is waived must be clearly described. For example, gyms often have new customers sign waivers because gym equipment can be dangerous if used incorrectly. The waiver should explain what gym equipment and activities it covers. If the waiver only mentions weight-lifting equipment, are accidents on treadmills covered? If the answer is unclear, the waiver should be avoided.

Vague language and ambiguous terms might actually make a waiver unenforceable. This is because the business might use unclear terms to exploit you and evade all liability. Catch-all terms or language that vaguely encompass everything without mentioning anything specifically should be a major red flag.

Any “Fine Print” in the Waiver

Waivers must be signed knowingly and willingly to be valid and legally binding. If a business tries to slip a waiver into other documents requiring your signature, you should rethink putting your name on anything until a lawyer reviews it. For example, when signing up for a gym membership, the gym might try to hide liability waivers in some fine print.

Businesses cannot sneak waiver language into other documents for signing without explicitly mentioning that there is a waiver. If there is any fine print, read it! Bring it up with the business and your lawyer if it contains additional waiver terms. Avoid signing the waiver until you understand what the fine print terms mean and whether they are fair. The fact that a waiver might contain some fine print does not make it unlawful, but it should be treated with suspicion, especially if the business did nothing to warn you about the fine print.

Fairness of the Waiver

Another factor to consider is whether the waiver seems fair. This might seem silly, as many perfectly legal things are not completely fair. However, when it comes to waivers, the terms should be fair to the business and the customer. Unfair terms might be unenforceable because they often go against public policy or harm public interests.

For example, a business may include waivers for certain kinds of ordinary negligence, but usually not gross negligence. If a business is grossly negligent – which often involves willful, wanton, or extremely reckless behavior – they should not be able to use a waiver to avoid responsibility. Allowing businesses to behave abhorrently and put customers in danger while evading liability would go against public interests and policy.

What if I Signed a Bad Waiver?

What should someone do if they were injured but signed a waiver? The answer is simple: call a lawyer immediately. Courts do not exactly favor waivers, and they are often treated with a certain level of suspicion. If aspects of the waiver seem unfair, vague, or just plain bad, the waiver might be unenforceable.

Courts generally disfavor waivers because they allow people and businesses to shield themselves from liability for negligence. As such, if you believe the waiver is illegal or unfair, there is a good chance that a court of law will agree. We need a copy of the waiver as evidence, so you should be sure to hang onto anything you sign your name to.

First, we should review the terms and language of the waiver. If the waiver is unclear about what is covered and what kind of rights you have waived, it might be unenforceable, and you may sue the business for your injuries. Even if the language is clear, it might not be fair. If the waiver violates public policy or goes against public interests, like ensuring customer safety, the court might render the waiver unenforceable.

Second, talk to your attorney about how and when you signed the waiver. Were you even aware it was a waiver you signed? Did you feel coerced into signing? If the answer to either question is yes, the waiver might not be legal.

Get Help Now From Our Personal Injury Lawyers

If you signed a dubious waiver, call our Utica, NY personal injury lawyers at The Carrion Law Firm at (718) 841-0083 for a free case review.