What is a liability waiver?

A liability waiver is a legal contract. It is commonly signed before an activity that could be considered risky or dangerous.

It is signed between the organisers and a participant of an activity. The contract acknowledges the risks involved in their participation.

If the participant waives their rights, the organiser will be somewhat protected from any legal or financial claim. This means the organiser’s liability for any financial or physical injury that occurs during the activity is removed.

The Civil Liability Act 2002 (NSW) states if the participant is warned of the risk, there is no duty of care . This risk warning before engagement in recreational activities is necessary to prevent liability claims.

The warning should be specific to the particular risk involved in the activity and all other general risks that could possibly arise.

Essentially, if a participant has been warned of a risk the organiser may be indemnified if harm occurs.

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