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A waiver is a legally binding provision where either party in a contract agrees to voluntarily forfeit a claim without the other party being liable. Waivers can either be in written form or some form of action.

How long you should keep signed waiver forms will essentially depend on where your business is located and the legal system of your location. In some places, the statute of limitation on liability claims could be two or three years from the last interaction with the customer, where in other places it may be longer.

In California, a liability waiver must be clear, unambiguous, and explicit. In other words, waivers cannot be printed in faded ink, in small font, on the back of a paper, or in an otherwise ambiguous form. If the waiver that you sign is not represented clearly, it may not hold up in the event of a lawsuit.

Liability waivers can be enforced in Texas if they satisfy certain requirements, including that the waiver provides fair notice to anyone signing it that they are relinquishing certain rights in exchange for being permitted access to or use of the premises, activity, product or equipment, or service.

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Participants under 18 must have a waiver signed by a parent or guardian. Waivers should be stored for three years past the date of the activity (or until the minor turns 20, whichever is longer). After the event, it's okay to scan the waivers and store them electronically.