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Liability Waivers Toolkit

by Practical Law Commercial Transactions

Maintained | USA (National/Federal)

A collection of resources to assist counsel in evaluating, drafting, and negotiating releases and waivers of liability, also known as liability waivers or exculpatory agreements. These agreements are commonly used by service providers or commercial businesses owners to release them from liability for personal injuries or damages that may occur on their premises or while an individual engages in an activity operated by the business, especially if the activity is potentially dangerous or hazardous. This Toolkit is designed to help counsel identify key legal and business issues related to these waivers. It provides resources that guide counsel in understanding critical legal terms like negligence, gross negligence, and willful misconduct, and in drafting enforceable liability waivers.

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