Are liability waivers enforceable in Colorado?

If you run a gym, studio, rental shop, or event business in Colorado, a well-drafted waiver is a powerful tool. Unlike New York, Colorado has no statute that voids recreational waivers, so a release of your own ordinary negligence will generally be enforced.

The controlling rule comes from the Colorado Supreme Court's decision in *Jones v. Dressel*, which upheld a skydiving release and set the four-factor test courts still apply: whether the business owes a duty to the public, the nature of the service, whether the contract was entered into fairly, and — most important in practice — whether the intent to release liability is stated in clear, unambiguous language. That fourth factor is where most disputes are decided. If a reasonable person reading your waiver wouldn't understand they were giving up the right to sue for negligence, a court can refuse to enforce it.

There are limits no waiver can cross. A release can never shield willful and wanton, reckless, or grossly negligent conduct. It also can't bar a strict products liability claim against a manufacturer, as the Colorado Supreme Court confirmed in *Boles v. Sun Ergoline*. And waivers aren't enforced for businesses providing an essential public service, like utilities or medical care, as opposed to voluntary recreation.

A few practical notes. Make the release conspicuous and standalone — don't bury it in unrelated fine print — and use the word "negligence" plainly. Ski and snowsport operators should remember the Ski Safety Act already makes skiers assume the inherent risks of skiing; a waiver complements that protection but doesn't replace it, and neither covers operator negligence or lift accidents. Above all, keep real safety practices in place, since gross or willful misconduct pierces every Colorado waiver no matter how it's written.

This is where Colorado stands out for youth programs. Most states refuse to let a parent sign away a child's right to sue, but Colorado is a minority state that expressly allows it. Under C.R.S. § 13-22-107, a parent or legal guardian may release a minor child's prospective negligence claim — the legislature passed the statute in 2003 specifically to keep youth activities affordable and available. The practical takeaway: always have the parent or guardian (not the minor) sign, and keep proof of that authority on file. One catch — the statute only covers ordinary negligence; a parent cannot waive a child's claim for gross negligence, recklessness, or willful and wanton conduct.