Whether signing up for a gym membership, joining a recreational sports league, or attending a community event, chances are you've been asked to sign a waiver. But what exactly does that document mean — and is it enforceable?
At its core, a waiver is a legal agreement where one party voluntarily gives up the right to hold another party liable for certain risks. In personal injury law, waivers are often used to shield event organizers or businesses from lawsuits should someone get hurt during an activity. The idea is simple: if you understand the risks and agree not to sue, the provider can operate with some peace of mind.
ENFORCEABILITY OF WAIVERS
But the enforceability of waivers isn't always straightforward. When I began as a personal injury lawyer over 30 years ago, I thought that waivers were mostly meaningless and could be ignored. The law has certainly evolved since then. Courts in Ontario will look closely at how the waiver was presented, what it says, and whether the person signing it truly understood the implications of the waiver. A waiver buried in fine print or handed over without explanation may not hold up.
Similarly, if the injury was caused by gross negligence — like failing to maintain safe equipment or ignoring known hazards — a waiver likely won't protect the provider.
PROTECTION FOR MINORS CAN BE LIMITED
It is also important to note that waivers signed by minors (those under 18) are generally not enforceable in Ontario. Parents or guardians may sign on behalf of a child, but even then, the protection offered by such waivers can be limited.
So, what should you keep in mind?
For participants: Read the waiver carefully. Ask questions if anything is unclear. Signing a waiver doesn't mean you're giving up all rights — it means you're acknowledging certain risks. If you're uncomfortable with the terms, don't be afraid to walk away.
For event organizers and businesses: Make your waiver clear, concise, and easy to understand. Present it in a way that encourages people to read it — don't just slide it across the counter. And remember, a waiver is not a licence to ignore safety. Courts won't protect you from liability if you've acted recklessly.
A waiver is a useful tool, but it's not bulletproof. Waivers work best when paired with good communication and a genuine commitment to safety. As always, if you're unsure about your rights — or your responsibilities — consult a lawyer who can guide you through the specifics.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
