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

Yes, it is generally permissible to require customers to sign liability waivers in Florida, but the waivers must meet certain requirements to be enforceable. To be enforceable, a liability waiver in Florida must be clear and unambiguous in its language, specific to the activity or event for which it is being signed, and must not violate public policy ^[1.1]. However, it is important to note that liability waivers in Florida are not absolute and there are certain limitations on their enforceability. For example, a waiver will not be enforced if it is found to be unconscionable or if it violates a statute or regulation ^[1.1]. Additionally, waivers will not protect against claims of gross negligence, intentional misconduct, or recklessness ^[1.1].

Regarding the form requirements for liability waivers, the documents provided do not contain any specific information on liability waiver forms. However, the documents do provide information on form requirements for other types of insurance policies in Florida. For example, legal expense insurance policies must contain a list and description of the legal services to be supplied or the legal matters for which expenses are to be reimbursed and any limits on the amounts to be reimbursed. Policies and certificates shall indicate the name of the insurer and the full address of its principal place of business. Certificates issued under group policies shall contain a full statement of the benefits provided and exceptions thereto but may summarize the other terms of the master policy ^[3.2].

In summary, while it is generally permissible to require customers to sign liability waivers in Florida, the waivers must meet certain requirements to be enforceable. It is important to consult with a legal professional to ensure that any waivers used are in compliance with Florida law. Unfortunately, the documents provided do not contain any specific information on form requirements for liability waivers.

Source(s):

• [1.1] License required.
• [3.2] Policy and certificate forms.

Jurisdiction

Florida

• General