This information is for general educational purposes only and does not constitute legal advice. Consult a licensed attorney in Wisconsin for specific guidance.
Key points about Wisconsin waiver law
Wisconsin courts enforce liability waivers for recreational activities. Wisconsin courts apply strict public policy tests to liability waivers. The Roberts test requires clear, specific language, and courts have struck down gym waivers as against public policy when presented on a take-it-or-leave-it basis.
Waivers must meet the Roberts test for enforceability
Waivers must be clear, specific, and voluntarily signed
Drafting considerations for Wisconsin
Follow the Roberts test requirements
Use clear, specific language about negligence
Ensure the waiver is fairly presented
Include assumption of risk provisions
Frequently asked questions
Are liability waivers enforceable in Wisconsin?
Yes. Wisconsin courts apply the Roberts test: the waiver must be clear, unambiguous, and specifically reference the negligence being released.
Can I use a digital waiver in Wisconsin?
Yes. Wisconsin adopted UETA and recognizes electronic signatures under the federal ESIGN Act.
What is Wisconsin's Roberts test?
The Roberts test requires that a liability waiver clearly and specifically express the intent to release from negligence. General or vague language is insufficient.
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