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

Liability Waivers in Massachusetts

In Massachusetts, it is generally illegal for a business to ask customers to sign a liability waiver in the event that they injure themselves [4]. Although some businesses may still ask customers to sign a waiver, it is generally considered void in the event of a lawsuit for liability [4].

However, there may be exceptions to this rule depending on the specific circumstances. It is recommended that you consult with a licensed attorney in Massachusetts to determine the legality of requiring customers to sign liability waivers in your particular situation.

Requirements for Liability Waivers

If it is determined that a liability waiver is legal and appropriate for your business, there are certain requirements that must be met in order for the waiver to be valid. These requirements may vary depending on the specific circumstances, but generally include:

  • The waiver must be clear and unambiguous [4].
  • The waiver must be written in plain language that is easily understandable by the customer [4].
  • The customer must be given sufficient time to read and understand the waiver before signing it [4].
  • The waiver must not be unconscionable or against public policy [4].

Again, it is recommended that you consult with a licensed attorney in Massachusetts to ensure that your liability waiver meets all necessary requirements.

[4]: New Year, New You? What consumers should know about gym memberships.

Source(s):
Jurisdiction

Massachusetts