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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).

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 liability waiver form is a legal contract that educates one party about the risks associated with an activity. Once signed, it prevents the participant from opening a lawsuit against the company in the event of damage or loss, effectively shifting responsibility for injuries from the company to the customer.

A release of liability (commonly referred to as a liability waiver or an exculpatory agreement) governed by Illinois law given or signed by a prospective participant in a potentially dangerous activity in favor of the company providing access to the activity.

Waivers must meet specific requirements in order to be considered enforceable in Illinois. Particularly, they must be clear, concise, and in line with public policy. The situation and risks should be clearly outlined, and the two parties must be capable of upholding the agreement.

To build a waiver of liability: 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.