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Limited enforceability

Virginia Liability Waiver Requirements

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

Key points

Virginia waiver law at a glance

Virginia generally does not enforce pre-injury liability waivers that release from future negligence
Virginia Code 8.01-232.A states these agreements are against public policy
Assumption of risk remains a valid defense
Virginia uses contributory negligence, which provides businesses significant protection

Drafting

Drafting considerations for Virginia

Focus on assumption of risk acknowledgments rather than releases of liability
Document the participant's knowledge of inherent risks thoroughly
Virginia's contributory negligence standard already provides strong business protection
Consult a Virginia attorney for specific guidance

FAQ

Frequently asked

Are liability waivers enforceable in Virginia?
Generally no. Virginia Code 8.01-232.A disfavors pre-injury releases from future negligence as against public policy. However, assumption of risk remains a valid defense, and Virginia's contributory negligence standard provides businesses significant protection.
Can I use a digital waiver in Virginia?
Yes, digital signatures are valid under Virginia's UETA and the federal ESIGN Act. However, the waiver's substantive enforceability is limited under Virginia law.
What should Virginia businesses use?
Use a detailed assumption of risk and risk acknowledgment form. Virginia's contributory negligence standard means any fault by the participant bars their claim, so documenting their knowledge of risks is valuable.

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