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A release of liability, also known as a liability waiver or a hold harmless agreement, is a contract in which one party agrees not to hold another party liable for damages or injury. These contracts are common in fields that involve some risk to property, finances, or health.
Liability waivers significantly reduce the risk for the sports organization if players get injured during a practice or game. Since sports participation almost always includes a risk of personal injury, a waiver of liability must be acknowledged by each participant.
Though signing a waiver brings complications to a personal injury claim, you can still secure damages if your injury could and should have been prevented.
Under New Hampshire law, exculpatory releases or liability of waivers are generally prohibited unless they are not contrary to public policy, and the release is specific and clear. Courts typically find releases to violate public policy if it interferes with public welfare or safety.
Forms Signed by Minors are Not Valid No one under 18 can lawfully enter into a contract, so if a minor wants to participate in an activity requiring a liability waiver form (e.g. jumping in a bounce house or climbing a rock wall) their parent or legal guardian must be the one to sign.
In New Hampshire, the plaintiff's own contributory negligence to their injuries reduces the amount of damages that may be claimed in proportion to the defendant's role in causing the injuries. This is true unless the plaintiff is found to be more negligent (51% or more) than the defendant.
In California, release of liability waivers are legally enforceable contracts in which you assume the risk of injury for engaging in potentially dangerous activities.
The Landowner Liability Law (RSA 5) and Duty of Care Law (RSA 2) protect landowners from liability when someone gets hurt on their property. If someone uses your land for outdoor recreational activities and they get hurt on your property, you assume no responsibility or incur no liability.