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

Yes, you can require customers to sign liability waivers in California. However, there are certain requirements that must be met in order for the waiver to be enforceable.

Requirements for Liability Waivers in California

1. The waiver must be clear and unambiguous. It should be written in plain language that is easy to understand. ^[1.1]
2. The waiver must be conspicuous. This means that it should be prominently displayed and not hidden in the fine print. ^[1.1]
3. The waiver must be voluntary. Customers cannot be forced to sign the waiver in order to receive goods or services. ^[1.1]
4. The waiver must not violate public policy. For example, a waiver that attempts to waive liability for gross negligence or intentional misconduct would likely be unenforceable. ^[2.1]
5. The waiver must be supported by consideration. This means that the customer must receive something of value in exchange for signing the waiver. ^[3.2]
6. The waiver must be signed by the customer. Electronic signatures are generally acceptable as long as they meet certain requirements under California law. ^[3.2]

Conclusion

In summary, you can require customers to sign liability waivers in California, but the waiver must meet certain requirements in order to be enforceable. The waiver must be clear, conspicuous, voluntary, not violate public policy, supported by consideration, and signed by the customer.

Source(s):

• [1.1] State Not Liable for Any Costs or Any Other’s Actions.
• [2.1] Section 2806 - Liability of Sureties
• [3.2] Section 3416 - Liability of Parties

Jurisdiction

California

• General