Waivers are intended to keep the service or business you are participating with safe from lawsuits. When laser tag places make you sign a waiver, it isn’t there to help you in any way; it is purely a business move to help keep you from suing them. But are these waivers always effective? Do they really stop you from suing if you get hurt badly during something like laser tag?
Rules for waivers vary from state to state, but they are generally deemed to be allowed under the theory that people and businesses should be free to make contracts. However, waivers might be ignored in cases where the customer didn’t realize they were signing a waiver or didn’t realize the language was supposed to be a waiver. They might also be ineffective to stop a lawsuit in certain situations.
For help with an injury case, contact The Reiff Law Firm at (215) 709-6940 for a free case assessment.
Are Laser Tag Waivers Allowed?
As mentioned, waivers are usually allowed in all sorts of situations. The law generally allows freedom of contract, meaning that laws and courts do not step in to stop adults from making all kinds of contracts, including contracts to waive the right to sue. However, there are some exceptions, some of which do and some of which don’t apply to laser tag.
Courts often do step in to stop waivers from being enforceable when they go against public policy. One of the biggest ways this happens is when waivers are required before people can avail themselves of general services open to the public, like public transit. Laser tag almost definitely falls outside this category, so public policy will not generally stop enforcement of laser tag waivers.
However, another important policy consideration will be important: contracts are allowed between adults, but children cannot usually sign contracts. That means that waivers signed by young children are not usually allowed and our Pennsylvania personal injury lawyers might be able to help your child sue for injuries. Often, parents need to sign waivers for something like laser tag, but some states prevent parents from signing away their child’s right to sue. Some states also specifically block waivers for a child’s death, though they do allow waivers to block lawsuits for a child’s injury.
Stopping Waiver Enforcement for Unclear or Hidden Waivers Before Laser Tag
Waivers – like other contracts – require a “meeting of the minds.” For this to happen, both sides need to be aware that they are signing a contract and have some understanding of the terms in the contract. When waivers are hidden, are not specifically called out, are written in vague language, or are simply posted on a wall somewhere and not actually signed, they might not be enforceable. They are also unenforceable if you were coerced into signing.
For a waiver to be clear to the laser tag participant, it needs to be clearly labeled in the waiver document with a header that says something like “Waiver of Liability” or “Indemnification.” Other words used to call out a waiver could also be “Release,” or “Exculpatory Agreement.”
As for the language of the waiver itself, it needs to be clear that it is preventing the participant from suing for injuries sustained while participating in laser tag. This would have to include language like the words listed above: release, waiver, indemnify. Alternatively, it might include phrasing like an agreement to “hold harmless” the laser tag venue. These all essentially mean the same thing: you can’t sue them if you agree to the waiver.
If you are not actually presented with a waiver to sign or reject, then it is difficult to claim that any of this “meeting of the minds” ever happened. For this reason, posted signs and fine print hidden on the back of an admission ticket are the kinds of waivers that often are not enforceable for laser tag and other activities.
Can I Refuse a Waiver for Laser Tag?
Often, the language used in a waiver can be dense and difficult for non-lawyers to understand. Laser tag places are not usually willing to sit there and negotiate with you over the terms or language, and they will often present a waiver “as is.” This means you can either sign and participate in laser tag or you can refuse to sign and walk away.
However, laser tag venues are businesses, after all. Many are operated by small businesses and individual owners rather than big companies, and they do not often have the financial position to turn away paying customers. You can always try to refuse a waiver, and if they will let you participate without signing, then go ahead!
However, it is unlikely this will work. It would be far more expensive than the price of one person’s admission for a company to get sued over an injury, so laser tag places are usually quite firm on their waiver policies.
Scope of a Waiver for Laser Tag
Another reason that you might be able to get around a waiver is if it is not clear about its scope or what happened to you falls outside the scope of the waiver.
Often, state-specific rules prevent waivers from being enforced for gross negligence. This means that even with a waiver in place, you might still be able to sue if the negligence that caused your injury was serious enough to qualify as gross negligence or recklessness.
Additionally, you can sue for injuries and accidents that are not contemplated by the waiver. For example, a waiver for laser tag might be contemplating injuries from running and tripping or hitting your head on a low obstacle. It might not cover injuries from other participants, allowing you to sue for something like assault and battery during what was supposed to be a game. It might also allow you to sue for other injuries that occurred at the laser tag venue, such as a slip and fall in a dirty bathroom or food poisoning from tainted food.
Call Our Personal Injury Lawyers for Help Today
If you were hurt in an accident, take your case to the Philadelphia personal injury lawyers at The Reiff Law Firm by calling (215) 709-6940 for a free case review.
