Academic journal article Research Quarterly for Exercise and Sport

Leisure

Academic journal article Research Quarterly for Exercise and Sport

Leisure

Article excerpt

"Waivers are not worth the paper they are written on" is a common expression regarding the use of waivers. On the other hand, many businesses and universities feel waivers are effective and make extensive use of them. Who is correct? The fact is that the effectiveness of waivers in protecting one from liability for one's own negligent acts varies tremendously depending upon the state and the circumstances. The purpose of this study was to analyze relevant statutes and case law in order to determine the law of each state regarding the effectiveness of sport-related waivers. This problem is significant because it is important that physical educators and sport managers know the extent to which they are exposed to financial risk when using waivers. Legal reporters and LEXIS were used to identify all sport-related waiver cases. More than 300 cases from 47 states were found and analyzed. Each state was placed into one of four categories reflecting the general attitude of that state toward waivers. The categories were Very Positive (3 states), Positive (33 states), Negative (8 states), and Very Negative (4 states). …

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