Waiver - Enforceability

Enforceability

The following represent a general overview of considerations; specifics may vary dramatically depending on the jurisdiction.

Key factors that some courts (depending on jurisdiction) may look at while determining the applicability of a waiver:

• In some jurisdictions, one may not prospectively waive liability for some or all intentional activities.
• Waivers generally must be made voluntarily and with the full knowledge (or the ability to know) of the right being waived.
• The waiver should be unambiguous and clear to a reasonable person.
• In some jurisdictions (not including the United States), it may be necessary that the parties to the waiver have equal bargaining power.
• A waiver may have limited application where one contracts for an "essential service" such that it may violate public policy for liability to be waived.