This information is for general educational purposes only and does not constitute legal advice. Consult a licensed attorney in Washington for specific guidance.
Key points about Washington waiver law
Washington courts enforce liability waivers for recreational activities
Waivers must be conspicuous, clear, and unambiguous
The waiver must specifically reference negligence
Washington follows pure comparative fault
Drafting considerations for Washington
Use conspicuous formatting for release terms
Explicitly mention negligence
Ensure voluntary signing with adequate time to read
Include specific risk and activity descriptions
Frequently asked questions
Are liability waivers enforceable in Washington?
Yes. Washington courts enforce liability waivers when they are conspicuous, clear, unambiguous, and specifically reference negligence.
Can I use a digital waiver in Washington?
Yes. Washington adopted UETA and recognizes electronic signatures under the federal ESIGN Act.
How does Washington's comparative fault interact with waivers?
Washington uses pure comparative fault, meaning a plaintiff can recover damages reduced by their fault percentage. A valid waiver provides protection beyond this framework.
Create ESIGN-compliant waivers for Washington
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