California Civil Code § 1668 and the Tunkl Test
Only if it’s clear, specific, and limited to ordinary negligence. California Civil Code § 1668 and the landmark Tunkl test void releases that (1) affect the public interest, or (2) attempt to waive gross negligence or reckless acts. Courts routinely strike “any and all claims” language as overbroad.
Example
A Huntington Beach indoor climbing gym uses a one-page waiver releasing it from “all liability, known or unknown.” A harness fails due to lax inspections, causing severe injury. The climber sues for gross negligence; the waiver offers no shield. Litigation proceeds, and the insurance carrier raises premiums for every location.
How to Strengthen a Waiver
- Spell out specific risks (falling, equipment misuse, belayer error).
- State “This release does not cover gross negligence or intentional acts.”
- Use bold, capitalized headings and secure an initial next to the critical paragraph.
- Pair the waiver with rigorous safety protocols—documentation helps prove “ordinary negligence” never happened.
Before your release becomes paper-thin, consult AEI Law, P.C. We draft waivers that survive scrutiny and design safety documentation that complements your legal shield.
