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Generally Enforceable

Pennsylvania Liability Waiver Requirements

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

Key points about Pennsylvania waiver law

Pennsylvania courts enforce liability waivers for recreational activities
Waivers must meet the contract requirements: offer, acceptance, and consideration
Pennsylvania follows comparative negligence (51% bar)
Waivers cannot release from reckless conduct

Drafting considerations for Pennsylvania

Ensure clear offer, acceptance, and consideration
Use plain language that the average person understands
Make the release clause prominent and conspicuous
Include specific risk and activity descriptions

Frequently asked questions

Are liability waivers enforceable in Pennsylvania?
Yes. Pennsylvania courts enforce liability waivers when they meet standard contract requirements: clear terms, mutual agreement, and consideration.
Can I use a digital waiver in Pennsylvania?
Yes. Pennsylvania adopted UETA and recognizes electronic signatures under the federal ESIGN Act.
How strict is Pennsylvania on waiver enforcement?
Pennsylvania courts are generally favorable to waiver enforcement for recreational activities, provided the waiver is clear and voluntarily signed.

Create ESIGN-compliant waivers for Pennsylvania

WaiverDrop produces legally binding digital signatures with IP logging, timestamps, and full audit trails. Set up in 5 minutes.

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