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

Based on the Colorado Revised Statutes (CORS), liability waivers are generally enforceable in Colorado. However, there are specific requirements that must be met in order for a liability waiver to be valid.

Requirements for Liability Waivers in Colorado

According to CORS 13-22-107, a waiver of liability is valid in Colorado if it meets the following requirements:

1. The waiver must be in writing and signed by the person seeking to be protected from liability (the “participant”).
2. The waiver must be conspicuous and contain specific language releasing the person or entity seeking to be protected from liability (the “provider”) from negligence claims.
3. The waiver must not violate public policy.

Additionally, the waiver must be clear and unambiguous, and the participant must have had an opportunity to read and understand the waiver before signing it.

It is important to note that CORS 24-14-102 allows for the purchase of liability insurance in lieu of a personal surety bond for public officials. This is not directly related to the requirements for liability waivers for customers.

Conclusion

In summary, you can require customers to sign liability waivers in Colorado, but the waivers must meet specific requirements to be valid. The waiver must be in writing, signed by the participant, and contain specific language releasing the provider from negligence claims. The waiver must also be clear and unambiguous, and not violate public policy.

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Source(s):

• [1.1] Signature.
• [2.1] Authorize purchase of liability insurance and crime insurance in lieu of a public official personal surety bond - definitions.
• [3.1] Collision damage waiver form - requirements - failure to comply.
• [5.1] Requirements for sale of consumer goods service contracts - definitions.

Jurisdiction

Colorado

• General