Get University Of California Berkeley Waiver Of Liability & Assumption Of Risk & Indemnity Agreement 2003-2024

The UC Waiver of Liability is designed to protect the University and its employees from legal liability for injuries that may occur to students or other individuals who participate in certain UC-sponsored activities on and off campus.

Liability waivers are enforceable in California solely to the extent they shift to you the risk of ordinary negligence.

You might think that since you signed a waiver acknowledging the risks of the activity, you have no legal leg to stand on to file a personal injury lawsuit. Waivers can make personal injury lawsuits more complex, but you can still seek damages for injuries that could have and should have been prevented.

Are Waivers of Liability Enforceable in California? 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.

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.

Case Law: 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.

The most significant reason to use a liability waiver is that businesses can protect themselves from damages claims and lawsuits associated with inherently risky activities. This level of protection can shield your profitability and company reputation as well as avoid unnecessary legal disputes.