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Can I require customers to sign liability waivers in Wyoming? What are the requirements?
Yes, you can require customers to sign liability waivers in Wyoming. However, there are certain requirements that must be met.
Requirements for Liability Waivers in Wyoming
According to WYST 40-19-111, a merchant may not sell or offer to sell a liability damage waiver unless all restrictions, conditions, and exclusions are printed in an agreement separate from the rental-purchase agreement. The liability damage waiver contract shall include a statement of the fee for the liability damage waiver and shall display the following notice printed or typed in a size equal to or greater than ten (10) point bold type:
NOTICE: THE PURCHASE OF THIS LIABILITY DAMAGE WAIVER IS NOT MANDATORY AND MAY BE DECLINED. THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A LIABILITY DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE PROPERTY. BEFORE DECIDING WHETHER TO PURCHASE THE LIABILITY DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR HOMEOWNER’S OR CASUALTY INSURANCE, IF ANY, AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL PROPERTY AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE.
Therefore, if you want to require customers to sign liability waivers in Wyoming, you must ensure that the waiver is separate from the rental-purchase agreement, includes all restrictions, conditions, and exclusions, and includes the notice mentioned above.
Prohibition against Waivers
It is important to note that a condition, stipulation, or other provision in an agreement or transaction between any shareholders of a corporation that purports to waive compliance with or the rights afforded stockholders under this act is void according to WYST 17-18-403.
License Requirements
Any person acting as a merchant in Wyoming must be licensed to conduct such business under WYST 40-19-114. The administrator shall receive and act on all applications for licenses required under this act. Applications shall be filed in the manner prescribed by the administrator and shall contain the information the administrator requires by rule to make an investigation and evaluation of the financial responsibility, experience, and business qualification of the applicant, and of the partners or members if the applicant is a partnership or association, and of the principal officers and directors if the applicant is a corporation, such as to warrant belief that the business will be operated honestly and fairly within the purposes of this act.
Jurisdiction
Wyoming