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1 . See Anderson v. Stream, 295 N .W. 2d 595 (Minn . <br /> • 19$0 <br /> V. Liability Waivers <br /> A. Used for participants in Parks & Recreation Programs <br /> v 1 . Waiver will not automatically prevent suit . <br /> a . Exculpatory clauses are not favored by courts and <br /> are often held to be unenforceable , especially if <br /> not clearly set forth. <br /> 2. Requirements for an "enforceable" Liability Waiver <br /> a . Freely entered into by both parties <br /> ( 1 ) Participation in program voluntary rather <br /> than required . <br /> b . Equality of bargaining power . <br /> ( 1 ) Can program or service or reasonable <br /> equivalent be obtained elsewhere? <br /> C . Waiver not contrary to public policy. <br /> ( 1 ) Waivers for essential public services i .e . <br /> fire or police protection, sewer and water , <br /> most likely to be deemed contrary to public <br /> • policy. Parks and Recreation waivers unlikely <br /> to be contrary to public policy unless you <br /> require signature on waiver form before kids <br /> can play on playground equipment . <br /> 3. Liability Waiver forms much more effective in <br /> preventing claims based on active rather than passive <br /> negligence (liability waivers for participants rather <br /> than spectators of an event ) . <br /> 4. Even if a liability waiver is not strictly <br /> enforceable it can be used as strong evidence of <br /> assumption of risk . <br /> 5. Modify Waiver forms to meet individual needs . Do not <br /> use some other city' s forms unless you are satisfied <br /> that they are suitable for your use . <br /> VI . Preventative Measures in High Risk Areas <br /> A. Guiding Principle - "An ounce prevention is worth a pound <br /> of cure" <br /> B. Parks and Recreation Equipment <br /> 299 <br />