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

Based on the context documents, liability waivers are generally enforceable in Wisconsin as long as they meet certain requirements.

Liability Waivers in Wisconsin

In Wisconsin, contracts are generally enforceable as long as they meet certain requirements, such as mutual assent, consideration, and legality [3.2]. Liability waivers are contracts in which one party agrees to release another party from liability for certain activities or events.

However, there are some limitations on the enforceability of liability waivers. Wisconsin law generally does not allow parties to waive liability for intentional or reckless conduct, or for conduct that violates a statute or public policy [3.2]. Additionally, Wisconsin courts have held that liability waivers must be clear and unambiguous in order to be enforceable. This means that the waiver must clearly state what risks are being waived and what activities or events are covered [3.2].

Requirements for doing business

If you are offering service contracts in Wisconsin, you must comply with certain requirements, including registering with the commissioner, providing a receipt and copy of the contract to the service contract holder, and providing a complete sample copy of the service contract terms and conditions prior to the time of sale upon a request for the same by the consumer [2.1].

Conclusion

Liability waivers are generally enforceable in Wisconsin as long as they meet certain requirements and do not violate public policy. However, it is important to ensure that any waiver is clear and unambiguous in order to be enforceable. If you are offering service contracts in Wisconsin, you must comply with certain requirements. It may be advisable to consult with an attorney to ensure that any waiver or contract meets these requirements.

[2.1] Wisconsin Statutes 616.54, 632.24 [3.2] Wisconsin State Bar, “Liability Waivers: Are They Enforceable?” (2018)

Source(s):
Jurisdiction

Wisconsin