The law surrounding waivers in Ontario is constantly shifting. However, as it stands, liability waivers are largely upheld by the courts. Certain requirements must be met for a waiver to be valid and enforceable.
The language used in a waiver must clearly refer to the accident’s circumstances. In order for an owner or organizer to be able to rely on a waiver against claims of negligence, the waiver needs to refer to risks and injuries caused by that party’s negligence.
An owner or organizer must also take reasonable steps to bring the waiver to the attention of the person signing it. He or she must have sufficient time to read and understand the terms before signing it. A liability waiver should not be signed unless you are completely aware of the risks involved.