This information is for general educational purposes only and does not constitute legal advice. Consult a licensed attorney in Kentucky for specific guidance.
Key points about Kentucky waiver law
Kentucky courts enforce liability waivers for voluntary recreational activities
The waiver must be clear, specific, and unambiguous
Kentucky applies comparative fault principles
Waivers for essential services may not be enforced
Drafting considerations for Kentucky
Clearly identify the activities and specific risks being waived
Use plain language accessible to the average participant
Ensure the waiver is presented before the activity
Include both a release and assumption of risk clause
Frequently asked questions
Are liability waivers enforceable in Kentucky?
Yes. Kentucky courts enforce liability waivers for recreational activities when they are clear, unambiguous, and voluntarily signed.
Can I use a digital waiver in Kentucky?
Yes. Kentucky has adopted UETA and recognizes electronic signatures under the federal ESIGN Act. WaiverDrop's digital waivers are fully compliant.
Does Kentucky's comparative fault system affect waivers?
Kentucky uses a pure comparative fault system. A valid waiver can protect against negligence claims, but the waiver itself must be properly drafted and executed.
Create ESIGN-compliant waivers for Kentucky
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