We've been asked to sign a form that forever waives and releases all management, staff, employees for any injuries we might suffer from all acts of passive or active negligence on their part. Is such an agreement binding?
Answer
For the most part, these releases are enforceable. There are only a small handful of precedential cases in North Carolina addressing this issue. Some of these have been invalidated, but it largely depends on the nature of the activity at issue (e.g. skiing, roller-skating, sky diving). The issue is further complicated if the form purports to release claims of minors; these are probably not enforceable.
Answer
Mr. Kirby is correct. Depends upon the type of facility, some types have specific laws passed by the NC legislature that make these agreements enforceable.
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