To Use or Not to Use? the Status of Waivers in Intramural Sports
Slightly more than 90% of university campus recreational sport administrators indicated that participants had incurred broken bones, fractures, or neck injuries in the past five years due to participation in an intramural sport activity. Greater than 40% of administrators revealed that more than seven participants had been injured to the extent that emergency medical service or hospitalization was needed. Yet, more than half of the respondents did not believe waivers provided protection from legal action. Waivers have often been viewed as being ineffective; however, courts are more frequently upholding them as exculpatory evidence, especially when the waiver is specific to the activity and the potential risks are identified. Thus, a waiver can be effective in both deterring and winning litigation brought against an organization if it is developed and administered in a way that will allow its power to protect the organization.