Juggling Liability and Drafting Waivers Based on State Regulations and Enforceability Standards

February 27, 2015 3:15pm

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).