People who live in Alaska and those who come to visit can find a range of potentially risky activities to engage in. These include everything from heliskiing to mountain climbing to grizzly bear tours.
Even less-adventurous businesses such as gyms, trampoline parks, e-scooter rental companies and more need to protect themselves by having their customers sign liability waivers. Such documents can help protect a business from litigation from those who don’t follow instructions, do something reckless or have an accident that no one could have prevented.
Alaska court rulings have provided guidance
Various court findings over the years have provided Alaska businesses with the characteristics of an effective liability waiver. An effective liability waiver should include the following:
- The risks “must be specifically and clearly set forth.”
- The waiver must use “clear, emphasized language [with] simple words and capital letters.”
- The waiver “must not represent or insinuate standards of safety or maintenance.”
Other general requirements for waivers also include the ability for the average person who is expected to agree to it to be able to read and understand it. For example, the print can’t be too small, and the document can’t be too long. That’s especially true when a waiver is online or presented as part of the ticket purchase.
Why these documents shouldn’t be generic
It’s easy enough to find templates online for “do-it-yourself” waivers. However, even if they’re legally valid under Alaska law, they may not take into account the unique services and risks of a particular business. A business may not want to give away some of the surprises of an adventure or experience, but a waiver shouldn’t be so vague that it’s difficult to enforce.
A liability waiver or release isn’t meant to take the place of necessary health and safety precautions by a business. However, one successful injury lawsuit – even one that may seem frivolous — can be financially and reputationally devastating. It can be worthwhile to seek legal guidance when developing a liability waiver.