In Arizona, your rafting waiver should be drafted with this in mind. Below is what Arizona law says, what it means for your waiver, and where to get it reviewed.
A clear, unequivocal waiver of ordinary negligence can be valid if it identifies the risks and parties and does not violate public policy.
Under the Arizona Constitution (Art. 18, § 5) and Phelps v. Firebird Raceway (2005), assumption of risk — how a waiver functions — must go to the jury. Courts will not dismiss a case purely on the waiver before trial.
Waivers cannot release gross negligence, reckless, or intentional conduct.
Arizona has no clear rule on whether a parent can waive a minor's commercial-recreation claim — treat it as unsettled and do not assume it holds.
Write a strong, specific waiver, but plan around it being evidence for a jury rather than a guaranteed dismissal. For horseback operations use the A.R.S. § 12-553 equine framework. Confirm with an Arizona attorney.
Start from our whitewater rafting waiver template, then add Arizona's required wording. Always have a Arizona attorney review the final document.
Arizona statutes and case-law summaries behind this page. Laws change — verify the current position with a licensed attorney.
However your state treats waivers, you still need every guest's signature on file. EquipDash sends your Arizona waiver after each booking, captures the signature with a timestamp and IP address, and stores it against the booking — so you always have a clean, dated record.
ARIZONA WAIVER FAQ
General guidance for operators. For your specific situation, consult a licensed Arizona attorney.
Contact UsArizona enforces clearly written waivers for ordinary negligence, but its constitution makes assumption of risk a question for the jury — so a signed waiver is strong evidence, not an automatic dismissal. This is general information, not legal advice — confirm with a Arizona attorney.
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