Liability Waiver (NM)

If you're providing services or sponsoring activities that can be risky for customers or participants, you should consider using a liability waiver (also known as a release of liability). A liability waiver is a legal document that lets the participant know about potential risks when participating in an activity. By signing the waiver, the participant (or their parent or guardian if the participant is a minor) acknowledges that they understand the risks and agrees to accept them. The participant also waives their right to sue your business for injuries they sustain from the activity.

Waiver of liability forms are intended to reduce the number of lawsuits filed against your business by injured participants. A liability waiver is not a substitute for general liability insurance. We suggest that you send the liability waiver to your insurance company so they are aware of the waiver you are using.

Note that the enforceability of a waiver can be limited by state law. Many will not waive liability for gross negligence or an intentional injury (even if that is included in the waiver), or if liability results from failure to comply with legal requirements. Certain states might not enforce them at all (but it won't hurt to have it signed as it may discourage someone from initiating a lawsuit). If you have questions regarding the enforceability of a liability waiver in your state, please consult an attorney.

Regardless, a liability waiver isn't enforceable unless it is signed so if you use one, make sure that it's used consistently.