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

Here is the response to your query:

Liability Waivers in Illinois

In Illinois, it is possible to require customers to sign liability waivers, but there are certain requirements that must be met.

Under Illinois law, a liability waiver is a contract in which a person agrees to release another person or entity from liability for any injuries or damages that may occur as a result of a particular activity [2.1]. However, Illinois courts have held that liability waivers are disfavored and will be strictly construed against the party seeking to enforce them [2.1].

To be enforceable, a liability waiver in Illinois must meet the following requirements:

  1. The waiver must be clear and unambiguous [2.1].
  2. The waiver must not violate public policy [2.1].
  3. The waiver must not exempt the party seeking to enforce it from liability for intentional or willful and wanton conduct [2.1].
  4. The waiver must be supported by consideration [2.1].

Additionally, Illinois courts have held that liability waivers must be specific to the activity in question and cannot be overly broad or vague [2.1].

It is important to note that even if a liability waiver meets all of these requirements, it may still be challenged in court. Therefore, it is recommended that businesses consult with an attorney to ensure that their liability waivers are enforceable.

Conclusion

In summary, it is possible to require customers to sign liability waivers in Illinois, but the waivers must meet certain requirements to be enforceable. These requirements include being clear and unambiguous, not violating public policy, not exempting the party seeking to enforce it from liability for intentional or willful and wanton conduct, and being specific to the activity in question. It is recommended that businesses consult with an attorney to ensure that their liability waivers are enforceable.

Source(s):
Jurisdiction

Illinois