If I own a small sneaker store and am about to have a treadmill installed so that our customers can try out their sneakers before they buy, what type of attorney can write a waiver?

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If I own a small sneaker store and am about to have a treadmill installed so that our customers can try out their sneakers before they buy, what type of attorney can write a waiver?

I have posted a question about insurance which I received answers. Now I need to have a waiver form made up that customers would sign before they use the treadmill that they use it at their own risk.

Asked on January 1, 2013 under Personal Injury, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Any good attorney can write the waiver as long as they fully explain to YOU what the law is in New York.  Such a waiver signed by anyone under 18 would most likely not held to be valid.  The waiver is a contract and minors can not legally contract - generally. You should also be leery of parents signing on the minor's behalf. Also understand that such waivers are subject to close judicial scrutiny. The law frowns upon contracts intended to exculpate a party from the consequences of his own negligence - that would be you - though with certain exceptions they are enforceable. There are also certain waivers and releases which are void as a matter of public policy under New York’s General Obligations Law, and ask the attorney to explain section 5-326.  Good luck.


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