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In California, waivers of liability are generally enforceable so long as they have been drafted correctly, are explicit as to the scope of coverage, are legible and use high-visibility text, and do not illegally waive unknown or unrelated claims.
Waivers must be stored by the department supervising the activity for at least three years after the activity ends. Waivers signed on behalf of a minor must be retained for three years after the activity ends or until the minor turns 20, whichever is longer.
To sum it up, customers can still sue business owners even when they've signed a waiver to use the business.
HOW LONG SHOULD I KEEP A RELEASE? The department sponsoring the activity must keep releases for at least three years after the activity ends. Releases signed by a parent or guardian on behalf of a minor must be retained for at least three years after the activity ends or until the minor turns 20, whichever is longer.
So, do liability waivers hold up in court? if you are injured as a result of ordinary negligence, the liability waiver may fully protect the defendant and leave you without legal recourse. If you are injured as a result of gross negligence, then you may have a case.
A liability waiver, or release of liability, is a legal document that a company or organization has you sign in order to protect them from being sued in the event that you are injured.
Generally, a liability waiver document is a legally binding agreement that relinquishes the right of one party to pursue legal remedy for injuries accrued on the property, regardless of fault involved.
The waiver contains errors that make it invalid. The language of the waiver must obey relevant state laws. An improperly worded or drafted waiver, as well as one that violates the law or public policy, may not hold up in court.