Enforceability
The following represent a general overview of considerations; specifics may vary dramatically depending on the jurisdiction.
Key factors that some courts (depending on jurisdiction) may look at while determining the applicability of a waiver:
- In some jurisdictions, one may not prospectively waive liability for some or all intentional activities.
- Waivers generally must be made voluntarily and with the full knowledge (or the ability to know) of the right being waived.
- The waiver should be unambiguous and clear to a reasonable person.
- In some jurisdictions (not including the United States), it may be necessary that the parties to the waiver have equal bargaining power.
- A waiver may have limited application where one contracts for an "essential service" such that it may violate public policy for liability to be waived.
Read more about this topic: Waiver