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Can I require customers to sign liability waivers in Arizona? What are the requirements?

Based on the documents provided, there are no specific laws or regulations in Arizona that require businesses to have customers sign liability waivers. However, businesses may choose to use liability waivers as a means of protecting themselves from potential legal claims.

If a business chooses to use liability waivers, there are certain requirements that must be met in order for the waiver to be enforceable. These requirements include:

  • The waiver must be clear and unambiguous in its language [4.1].
  • The waiver must be conspicuous and not hidden within other documents [4.1].
  • The waiver must be signed by the customer [4.1].

It is important to note that even if a business has customers sign a liability waiver, it does not necessarily protect the business from all legal claims. For example, if a business is found to have acted negligently or recklessly, a liability waiver may not be enforceable [4.1].

It is recommended that businesses consult with a legal professional to ensure that any liability waivers they use are in compliance with Arizona law and provide adequate protection.

Additionally, it is worth noting that Arizona law allows contractors or subcontractors licensed to do work for the state or any political subdivision of the state to enter into contracts or agreements for the joint purchase of insurance, to pool retention of their risks for property and liability losses, and to provide for the payment of the property loss or claim of liability made against any member of the pool on a cooperative or contract basis with one another [2.1].

Finally, if a business writes professional liability insurance, it is required to report professional liability claims and premium data as part of the annual statement required by section 20-223 [3.3].

[2.1], [4.1], [3.3]

Source(s):
Jurisdiction

Arizona