Nora Freeman Engstrom, a law professor at Stanford University, said a signed waiver may still not absolve the company in a wrongful death case. “If an operator behaves recklessly, most courts will not let the operator off the hook,” Engstrom said. Many waiver forms that are signed before high-risk recreational activities take place, like skydiving, snorkeling or skiing, are frequently enforceable, as long as they are clearly written, said Engstrom, who added that the scope of an accident, should one occur, also must be encompassed within the contracts.
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