As the weather warms up, outdoor activities are looking more and more inviting. Many people are planning to go rock climbing, rafting, and more. Before you participate in one of these activities, you’re often asked to sign a document that says: “We are not responsible for any injuries, theft, or other incidents that may occur.” This is called a liability waiver, but did you know that these waivers often have no legal value?
Protection for businesses
Liability waivers, also called “limitation or exclusion of liability clauses”, are common. You can find them on signs, websites, or in documents that you must sign before participating in an activity. Sometimes, they’re even hidden in the fine print.
You will see them in many different places: adventure parks, tattoo studios, fitness centers, and even some public parking lots!
The purpose of these waivers are to limit a business’s responsibility when something goes wrong related to their activities. This can include physical injury, financial loss due to theft or equipment breakdown, or other problems.
Waivers that aren’t legally valid
In reality, these waivers often don’t apply, even if you agree to sign them. Businesses that offer activities aren’t allowed to block or limit their responsibility in every situation, especially if what happened was their fault.
In other words, if you get hurt or lose money, you may still have the right to compensation. The Consumer Protection Act protects you in these situations.
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How do I get compensation? To get compensation, you can first try negotiating with the business directly. If this doesn’t work, you can send a demand letter asking them to solve the problem before a certain deadline. If they don’t solve the problem by the deadline, you can file a court application. To better understand your rights and what you can ask for, check out the website of the Office de la protection du consommateur (consumer protection office). |
Importance of being careful
However, compensation isn’t automatic either. If you and the business can’t agree, a court will look at what happened and decide who is responsible.
For example, if you didn’t follow the safety instructions that you were given before the activity, the business may not be responsible. Signing a waiver doesn’t mean you automatically lose your rights, but it also doesn’t guarantee you will get compensation when a problem arises.