Can I require customers to sign liability waivers in Texas? What are the requirements?

To answer your question, liability waivers are generally enforceable in Texas, but there are certain requirements that must be met.

Requirements for Liability Waivers in Texas

1. The waiver must be clear and unambiguous. It should be written in plain language that is easy to understand, and it should clearly state what risks the person is assuming and what rights they are giving up.
2. The waiver must be conspicuous. This means that it should be prominently displayed and not hidden in the fine print of a contract.
3. The waiver must be voluntary. The person signing the waiver must do so of their own free will, without coercion or duress.
4. The waiver must not violate public policy. This means that the waiver cannot waive liability for intentional or grossly negligent conduct, or for conduct that is prohibited by law.
5. The person signing the waiver must have the legal capacity to do so. This means that they must be of legal age and have the mental capacity to understand the nature and consequences of the waiver.

Conclusion

In summary, you can require customers to sign liability waivers in Texas, but the waivers must meet certain requirements to be enforceable. The waiver must be clear and unambiguous, conspicuous, voluntary, not violate public policy, and signed by someone with legal capacity. ^[3.1]

Source(s):

• [3.1] INSURANCE AND OTHER ARRANGEMENTS.

Jurisdiction

Texas

• General