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Can I require customers to sign liability waivers in Ohio? What are the requirements?
Liability Waivers in Ohio
In Ohio, it is possible to require customers to sign liability waivers, but there are certain requirements that must be met.
According to Ohio law, a liability waiver is a contract in which a person agrees to release another person or entity from liability for any harm suffered as a result of participating in an activity or using a product or service [2.1].
To be enforceable, a liability waiver must meet the following requirements:
- The waiver must be clear and unambiguous. It must be written in plain language that is easy to understand, and it must clearly state what risks the person is assuming and what rights they are giving up [2.1].
- The waiver must be signed voluntarily. The person signing the waiver must do so of their own free will, without coercion or duress [2.1].
- The waiver must not violate public policy. A waiver that attempts to waive liability for intentional or grossly negligent conduct, or for harm that is against public policy, will not be enforceable [2.1].
It is important to note that even if a liability waiver meets these requirements, it may not protect a person or entity from liability in all circumstances. For example, if a person is injured due to the negligence of the person or entity they signed the waiver with, the waiver may not be enforceable [2.1].
However, there are certain records pertaining to the Ohio life and health insurance guaranty association that are not public records and are confidential [2.1].
In summary, it is possible to require customers to sign liability waivers in Ohio, but the waivers must meet certain requirements to be enforceable. It is recommended to consult with a legal professional to ensure that any liability waiver used is in compliance with Ohio law.
[2.1]: Ohio State Bar Association, “Liability Waivers: What You Need to Know,”
Source(s):
Jurisdiction
Ohio