It is common practice for recreational businesses, such as ski resorts or fitness centers, to require their customers to sign a release of liability form. The purpose of this release form is to relieve the business from any potential liability in the event a customer suffers an injury. However, since 1982, the Wisconsin Supreme Court has yet to uphold an exculpatory contract. Rather than attempting to lay out principles and guidelines for how to draft an exculpatory agreement—in hopes that it will be ruled enforceable—this Comment proposes that Wisconsin recreational businesses, like ski resorts or gyms, should not require customers to sign a release of liability form.
Blake A. Nold,
Codify This: Exculpatory Contracts in Wisconsin Recreational Businesses,
101 Marq. L. Rev. 573
Available at: http://scholarship.law.marquette.edu/mulr/vol101/iss2/7