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Limited enforceability

Vermont Liability Waiver Requirements

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

Key points

Vermont waiver law at a glance

IMPORTANT: The Vermont Supreme Court held in Dalury v. S-K-I, Ltd. (1995) that exculpatory agreements for businesses open to the general public are void as contrary to public policy. This applies to gyms, ski resorts, and recreational businesses.
Vermont applies a two-factor test: is the business open to the public, and does it serve a broad segment?
When both factors are met, waivers are void regardless of how well-drafted they are
Assumption of risk is a separate defense that remains valid in Vermont

Drafting

Drafting considerations for Vermont

Understand that liability waivers for public recreational businesses are void under Vermont law
Use assumption of risk forms to document that participants understood inherent dangers
Focus on risk disclosure and safety briefings
Consult a Vermont attorney for guidance on assumption of risk versus waiver

FAQ

Frequently asked

Are liability waivers enforceable in Vermont?
Generally no for businesses open to the public. The Vermont Supreme Court held in Dalury v. S-K-I, Ltd. (1995) that exculpatory agreements for businesses open to the general public are void as contrary to public policy. Vermont applies a two-factor test: if the business is open to the public and serves a broad segment, waivers are void regardless of drafting quality. Assumption of risk remains a valid separate defense.
Can I use a digital waiver in Vermont?
Yes. Vermont adopted UETA and recognizes electronic signatures under the federal ESIGN Act. However, the substantive enforceability of liability waivers for public recreational businesses is void under Vermont case law.
What should Vermont recreation businesses use instead?
Use assumption of risk acknowledgment forms and detailed risk disclosure documents. While liability waivers are void for businesses open to the public, assumption of risk is a separate legal defense that remains valid. Focus on documenting that participants understood the inherent dangers of the activity.

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