In New York, your zipline waiver should be drafted with this in mind. Below is what New York law says, what it means for your waiver, and where to get it reviewed.
If you charge a fee to use a recreational facility, a waiver of your negligence is void as against public policy — regardless of whether the customer signed it.
Courts have enforced waivers where the fee was for instruction or training rather than recreational use of the facility. The line is fact-specific.
Independently of § 5-326, no New York waiver can release gross negligence or reckless conduct.
A parent generally cannot waive a minor child's own personal-injury claim in New York, on top of the § 5-326 problem for fee-charging recreation.
Do not rely on a negligence waiver as your main protection in New York — for fee-charging recreation it is likely void. Lean on robust safety systems, insurance, and assumption-of-risk documentation, and get specific advice. Confirm with a New York attorney.
Start from our zipline & aerial adventure waiver template, then add New York's required wording. Always have a New York attorney review the final document.
New York 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 New York 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.
NEW YORK WAIVER FAQ
General guidance for operators. For your specific situation, consult a licensed New York attorney.
Contact UsNew York is a major gotcha: General Obligations Law § 5-326 makes liability waivers void for pools, gyms, and "places of amusement or recreation" that charge a fee. Many recreational waivers in New York are unenforceable. This is general information, not legal advice — confirm with a New York attorney.
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