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Can I require customers to sign liability waivers in Georgia? What are the requirements?
Yes, you can require customers to sign liability waivers in Georgia. However, there are no specific statutory requirements for liability waivers in Georgia [1.1]. When drafting a liability waiver, it is important to ensure that it is clear, conspicuous, and does not violate any applicable laws or public policy. The waiver must be signed by the customer or participant and must specifically identify the risks that the customer or participant is assuming [1.1]. It is also important to note that a waiver will not protect an owner or operator from liability for gross negligence, intentional misconduct, or recklessness, or for hazards that were not disclosed or known to the customer or participant [1.1].
Factors to consider when drafting a liability waiver:
- The waiver must be clear and unambiguous in its language [2.2].
- The waiver must be conspicuous and not hidden in the fine print [2.2].
- The waiver must specifically identify the risks that the customer or participant is assuming [1.1].
- The waiver must not violate public policy or any applicable laws [2.2].
Limitations of liability waivers:
- A waiver will not protect an owner or operator from liability for gross negligence, intentional misconduct, or recklessness [1.1].
- A waiver will not protect an owner or operator from liability for injuries or death resulting from hazards that were not disclosed or known to the customer or participant [1.1].
[1.1] provides information on the requirements and limitations of liability waivers in Georgia.
Source(s):
- [1.1] Warning sign to be posted; contents of warning sign.
- [2.2] Contractual liability or other insurance policies.
Jurisdiction
Georgia, Georgia