Many tourists come to Florida seeking adventure, and they find it in the form of deep sea fishing or personal water craft rides or parasailing or swamp boat rides. Those are just a few examples, and in virtually every case, participants are going to be asked to sign a liability waiver.
These waivers are intended to protect the interests of the business offering the service from legal action should one of the participants get injured. These waivers, also referred to as “exculpatory clauses,” won’t automatically shield a company from all claims, but there is a rebuttable presumption that the contracts are valid. That means the burden of proof is on plaintiff to prove why they aren’t.
Some reasons why a waiver might not be valid:
- It goes against public policy;
- It’s inherently unfair;
- The language is ambiguous.