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The lead section of this article may need to be rewritten. (September 2009)
Contents
[hide]
1Enforceability
2Examples
o 2.1Personal jurisdiction
o 2.2Illegal waiver or agreement
3See also
4References
Enforceability[edit]
The following represent a general overview of considerations; specifics may vary dramatically
depending on the jurisdiction.
Key factors that some courts (depending on jurisdiction) may look at while determining the
applicability of a waiver:
In some jurisdictions, one may not prospectively waive liability for some or all intentional
activities
Waivers generally must be made voluntarily and with the full knowledge (or the ability to know)
of the right being waived
The waiver should be unambiguous and clear to a reasonable person
In some jurisdictions (not including the United States), it may be necessary that the parties to the
waiver have equal bargaining power
A waiver may have limited application where one contracts for an "essential service" such that it
may violate public policy for liability to be waived
A waiver that the courts will not enforce because the purpose of the agreement is to achieve an
illegal end constitutes an illegal agreement.
Examples[edit]
Personal jurisdiction