Disadvantages Of Waiver Release

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During the past two years, the number of lawsuits against recreation and entertainment business venues has steadily risen. In today's struggling economy, even the smallest incident can result in a lawsuit. As more people lose their jobs and medical insurance benefits, they will turn to litigation to recover the costs for injuries that may or may not have been the result of the venue's negligence. For most recreational operations such as indoor climbing gyms, sports centers and guides programs, the most utilized and required risk management tool in the insurance industry is the waiver release and assumption of risk form that must be signed by the participant. These forms are designed to provide two benefits: Transfer responsibility of injuries and property damage from the insured to the participant through the waiver release & indemnification clause. Adult waiver release and assumption of risk laws vary from state to state. A few states will not enforce waivers, and many states have very strict interpretations of the waiver language, other states are more tolerant in their interpretations. There has been momentum toward accepting a properly signed minor waiver and release in many states, but this is not always a…show more content…
But, a six-year-old minor most likely would not understand these "risks. The key to the waiver and release procedure of any operation is to make sure that all participants read and sign the waiver, and that the insured keeps the waivers for a minimum period of time as required by their insurance carrier. I also want to touch on the case that took place in 2009, about Ed O’Bannon and other former college football and basketball athletes that filed a class action lawsuit against the NCAA on the grounds that the NCAA violated several Federal antitrust
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