Waivers and liability releases are critical tools for haunted attraction operators, but poorly drafted waivers can fail to protect you when you need them most. Courts scrutinize waivers carefully, and a waiver that sounds good may not hold up if it doesn’t meet specific legal requirements. Here are five common mistakes we see haunted attraction operators make when drafting or using waivers.
1. Being Too Vague About Risks
Many operators use generic language like “you assume all risks” or “you waive all liability.” Courts often find these overly broad statements unenforceable because they fail to specifically identify what risks participants are actually assuming. A better approach is to specifically describe the risks inherent in your attraction: physical contact from actors, simulated weapons, disorienting environments, sudden movements, loud noises, strobe lights, tight spaces, falls on uneven surfaces, or whatever applies to your experience. The more specific and vivid your description, the more likely the waiver will be enforceable. Participants need to understand exactly what they’re agreeing to.
2. Failing to Specifically Mention Negligence
Some operators think that warning about “risks” is enough, but courts distinguish between risks you voluntarily encounter and injuries caused by the operator’s negligence. To protect yourself against negligence claims, your waiver must explicitly mention the word “negligence” or clearly indicate that you’re released from liability even if the operator fails to use reasonable care. This varies by state—some states won’t enforce waivers for ordinary negligence, while others will. Consult with an attorney in your state about how to properly disclaim negligence liability.
3. Poor Formatting, Small Print, and Visibility
If your waiver is buried in tiny print at the bottom of a sign, printed in light gray text, or hidden on the back of a ticket, courts are more likely to find it unenforceable. Waivers must be presented in a way that a reasonable person would actually notice and read. Use clear, readable fonts. Make the waiver prominent. Some jurisdictions prefer that waivers be in all capital letters for emphasis. If you’re using digital waivers, ensure they’re easy to read on mobile devices and that the text doesn’t get cut off or scrolled past without the participant seeing it.
4. Not Obtaining Proper Signatures or Digital Consent
A waiver is only enforceable if participants actually sign it and acknowledge what they’ve agreed to. Don’t rely on verbal agreements. For adults, get a legible signature. For participants under 18, get a parent or guardian’s signature—and verify that the person signing actually has authority to consent on behalf of the minor. If you’re using digital waivers, ensure your system creates a clear record of consent. Keep signed waivers for at least several years in case a claim arises. A waiver you can’t produce as evidence is worthless.
5. Failing to Update for State Law Changes
Waiver law is constantly evolving. A waiver that was enforceable five years ago might not hold up under current law in your state. Additionally, if your attraction operates in multiple states or if state law changes, your waiver may need updating. Some states have specific statutes about what waivers must include. Regulations around assumption of risk, the enforceability of waivers against minors, and rules about gross negligence vary significantly. You should have a qualified attorney in your jurisdiction review your waiver periodically—at least every few years—to ensure it reflects current law and adequately protects your business.
The Bottom Line
Waivers are not a complete liability shield, but when properly drafted and presented, they significantly reduce legal exposure. Take the time to ensure your waivers are specific, clear, legally compliant in your jurisdiction, prominently displayed, properly executed, and kept current. When in doubt, consult an attorney who understands the laws in your state and the specific risks of your attraction.