Waivers: Know what you are signing

LAW COLUMN: IF you’re thinking about taking part in an adventure activity like bungee jumping or skydiving over the school holidays, you’ll probably be asked to sign a waiver

A waiver is an agreement between the provider of an activity and the participants.

It sets out the risks of the activity and asks the participant to acknowledge the risks and waive their rights to bring a legal claim if they are injured.

Waivers can be complicated documents, full of legal jargon. But if it is so legally complex that an ordinary person could not be expected to understand it, it may not be enforceable.

If you’re taking part in an activity that might involve a waiver, ask to see any waiver document and give yourself plenty of time to read it.

If you don’t understand any of the waiver, ask for clarification.

You can change or cross out parts of a waiver before you sign it, but then it’s up to the provider whether they’ll accept this version and let you participate.

Some red flags to look out for include any waiver that contains broad exclusions of your legal rights, or that say you are not covered even in the event of negligence.

Be cautious too of any waiver that puts a financial cap on liability – as costs of medical bills and time off work due to an injury can add up very quickly.

If you’re injured, signing a waiver might make it harder to bring a legal claim, but it doesn’t rule it out for every case.

While waivers do extinguish some rights, it doesn’t take away the legal obligations for providers to operate safely.

If you can prove the provider breached their duty of care or the accident occurred because of their negligence - such as failing to adequately maintain equipment or train staff - then you may still have rights to legal action.

For example, if you were on a mountain bike tour and you fell off your bike while coming down a steep trail, this could be seen as part of the normal risks of the activity and you’d be unlikely to have a legal claim.

However, if you came off the bike because the wheels weren’t working properly due to poor maintenance, then it’s more likely your injuries were caused by negligence.IF you’re thinking about taking part in an adventure activity like bungee jumping or skydiving over the school holidays, you’ll probably be asked to sign a waiver.