Juggling Liability and Drafting Waivers Based on State Regulations and Enforceability Standards
Gaylee W. Gillim
Deborah Dekle Drew
Executive Vice President of Development, Chief Legal Officer, Chief Strategy Officer
PARC Management, LLC
David M. Bennett
Equity Partner
- Implementing best practices for drafting waivers and tackling common errors
- Avoiding language that is overly broad
- Clearly delineating the scope of negligence
- Comprehending when waivers are not enforceable against minors
- Outlining relevant case law and conflicting judicial opinions with respect to waivers of liability
- Donahue v. Ledgends, Inc., Supreme Court Nos. S-14910/14929 (Ala. Aug. 1, 2014).
- Gillette v. All Pro Sports LLC, 135 So.3d 369 (Fla. Dist. Ct. App. 2014).
- Identifying the states where waivers are not enforceable
- Analyzing the terms and conditions that are necessary for a waiver to be enforceable
- Exploring best practices when dealing with minors and parental waivers of liability
- Examining when a waiver violates public policy
- Formulating a plan of action when the waiver is not enforceable
- Evaluating examples where the waiver was ultimately deemed unenforceable
- Capri v. L.A. Fitness International, LLC, 136 Cal.App. 1078 (Cal. Ct. App. 2006).
- Vanderlei v. Heideman, 403 N.E.2d 756 (Ill. App. Ct. 1980).