A waiver is the intentional or voluntary yielding or relinquishment of a known legal claim, right or privilege.

An example of an effective waiver is the information printed on the back of your chair lift ticket when you go to the ski hill. It clearly states that the company is held completely harmless for any injury, any property lost and that you are totally on your own if anything goes wrong. These waivers are strictly enforced and documented. So if you are hurt somehow while skiing, you cannot sue.

If a waiver is to be effective it must be enforced. You need to consider your risk management strategy. When composing the waiver it needs to be in very clear language and reviewed by your legal counsel.

Any incidents or accidents need to be logged in preparation for a future legal action. Documentation is very important as part of a defense when you are alleged to have breached your duty. Prior incidents and results can be used in the courtroom.

You still need your liability insurance in place. Court actions could take years and your liability insurance will be called upon to provide these defense costs.