Glossary Background - Ocean with Ferry

Assumption of Risk

What Is Assumption of Risk? Definition for Tour Operators

Assumption of risk is a legal principle that a person who knowingly and voluntarily takes part in a risky activity accepts the inherent dangers of that activity.

In a guest waiver, an assumption of risk section lists the known risks of the experience, such as falls on a zipline, collisions on a trampoline, or capsizing in a kayak, and has the guest acknowledge them before participating. It usually sits alongside a release of liability and hold harmless language.

Why it matters for operators

A clear, specific list of risks helps guests understand what they are signing and gives the operator a stronger record. States treat assumption of risk differently, so the wording matters as much as the signature.

This definition is general information, not legal advice. Have an attorney review your waiver language for your state and activities.

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