Property owners often raise defenses to avoid liability such as displaying signs that say “not responsible for accidents or injuries”. However, even if a liability waiver meets all legal requirements, there are certain circumstances where it may not be enforceable.

These situations include :

• Obtaining the waiver in a deceptive or illegal manner: if the waiver was obtained through fraud or illegality, it will be invalid. 

• Gross Negligence: If the facility operator demonstrated gross negligence such as extreme lack of care, the waiver will not protect him. 

• Accident not covered by the waiver:if the injury was caused by an accident not included in the scope of the waiver or from a risk that the injured party didn’t agree to assume, the waiver will not apply. 

• Incapacity to sign the waiver: if the injured person wasn’t legally able to sign the waiver due to duress, fraud, undue influence or being a minor, the waiver could be invalidated. 

• Ambiguous or unclear language: if the waiver is written in an ambiguous or unclear manner, preventing participants from understanding the terms and risks associated with an event, it may be deemed invalid. 

• Willful misconduct:  a waiver doesn’t protect an individual if he ignores safety regulations or removes safety equipment. 

• Violation of public policy: if the waiver goes against public policy, it will be considered invalid.