Sports, Recreation and Waiver
SVR served as counsel for a manufacturer of negative-pressure inflatable dome sports facilities; following a structural failure and roof collapse at a large indoor soccer facility in Calgary.
The defence of claims arising from sport and recreation activities, including the interpretation of waivers, is a distinct practice area requiring careful analysis.
The validity of a waiver of liability requires adherence to strict conditions. The wording and application of the waiver must be appropriate to exclude liability. Moreover, waivers that involve minors or educational settings may be subject to claims of unconscionability and be potentially absolved. Other potential issues affecting the applicability of waivers may involve non est factum or haste.
SVR Lawyers has been highly successful at both the drafting and interpretation of waivers. We consult with our corporate clients on the proper drafting and content of waivers, as well as defence of the validity of waivers within the context of litigation. Our success is represented by invitations to present at athletic based legal conferences and training programs, ensuring an up to date and comprehensive understanding of the law surrounding sports and recreation.