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ARTICLE · 14 AUGUST 2025

Waivers: What They Do, When They Work, And What You Should Know

Lerners LLP
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Whether signing up for a gym membership, joining a recreational sports league, or attending a community event, chances are you've been asked to sign a waiver.

CanadaLitigation, Mediation & Arbitration
Andrew Murray
Andrew Murray
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Whether signing up for a gym membership, joining a recreational sports league, or attending a community event, chances are you've been asked to sign a waiver. But what exactly does that document mean — and is it enforceable?

At its core, a waiver is a legal agreement where one party voluntarily gives up the right to hold another party liable for certain risks. In personal injury law, waivers are often used to shield event organizers or businesses from lawsuits should someone get hurt during an activity. The idea is simple: if you understand the risks and agree not to sue, the provider can operate with some peace of mind.

ENFORCEABILITY OF WAIVERS

But the enforceability of waivers isn't always straightforward. When I began as a personal injury lawyer over 30 years ago, I thought that waivers were mostly meaningless and could be ignored. The law has certainly evolved since then. Courts in Ontario will look closely at how the waiver was presented, what it says,

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