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Limited enforceability

New York Liability Waiver Requirements

This information is for general educational purposes only and does not constitute legal advice. Consult a licensed attorney in New York for specific guidance.

Key points

New York waiver law at a glance

IMPORTANT: New York General Obligations Law 5-326 voids liability waivers for fee-based recreational facilities — including gyms, pools, and places of amusement. These are WaiverDrop's primary customer types.
New York General Obligations Law 5-326 voids waivers for recreational facilities that receive compensation
Waivers for non-fee activities and assumption of risk remain valid
GOL 5-326 applies specifically to pools, gyms, places of amusement, and recreation
Assumption of risk (primary assumption) is a strong defense in New York

Drafting

Drafting considerations for New York

Understand that GOL 5-326 limits traditional waiver enforceability for paid recreational facilities
Focus on assumption of risk acknowledgments rather than release of liability
Document inherent risks thoroughly
Consult a New York attorney for fee-based recreation businesses

FAQ

Frequently asked

Are liability waivers enforceable in New York?
Generally no for fee-based recreational facilities. New York GOL 5-326 voids liability waivers signed at recreational facilities that charge a fee (gyms, pools, amusement places). However, assumption of risk remains a valid defense, and waivers for non-fee activities can be enforced.
Can I use a digital waiver in New York?
Yes. New York recognizes electronic signatures under the Electronic Signatures and Records Act (ESRA) and the federal ESIGN Act. However, the substance enforceability under GOL 5-326 is a separate issue.
What should New York businesses use instead of waivers?
For fee-based recreational facilities affected by GOL 5-326, use a detailed assumption of risk and risk acknowledgment form. This documents that participants understood the inherent risks, which supports the assumption of risk defense.

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