This information is for general educational purposes only and does not constitute legal advice. Consult a licensed attorney in California for specific guidance.
Key points about California waiver law
California enforces liability waivers for recreational activities under well-established case law
Civil Code 1668 prohibits waiving liability for fraud, willful injury, or statutory violations
Waivers must be clear, explicit, and the signer must have actual knowledge of the risks
California allows parents to sign waivers for minors in some circumstances
Drafting considerations for California
Reference specific California Civil Code sections when applicable
Make the assumption of risk explicit and detailed
The waiver should be conspicuous and not hidden in fine print
Include a separate signature line specifically for the waiver provision
Frequently asked questions
Are liability waivers enforceable in California?
Yes. California courts enforce liability waivers for recreational activities when they clearly express the intent to release from future negligence. However, waivers cannot release from gross negligence, fraud, or willful misconduct under Civil Code 1668.
Can I use a digital waiver in California?
Yes. California has adopted UETA (Civil Code 1633.1 et seq.) and recognizes electronic signatures. WaiverDrop's waivers comply with both California law and the federal ESIGN Act.
Can parents sign liability waivers for minors in California?
California allows parents to sign liability waivers for minors participating in recreational activities, though the scope of protection may be limited. The landmark case Hohe v. San Diego Unified School District supports this.
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