Key Features
- Assumption of risk. The risks associated with pool-related activities are borne by the guest rather than the owner.
- Discharge from liability. The guest agrees to not hold the pool owner responsible for any injuries they may sustain.
- Signature. The waiver must be signed by the guest and their parent or guardian, if the guest is a minor.
How to Write a Pool Liability Waiver (5 steps)
Pools in the United States:
4. Add Optional Clauses, if Applicable
Optional waiver sections include a photography release clause, an agreement to comply with posted rules, or an acknowledgment that parents must supervise their children at all times.
Young Children – Parental supervision is particularly important when toddlers are at the pool. Between 2022 and 2024, 73% of children treated in emergency rooms for pool-related injuries were under the age of 5.[3]
Frequently Asked Questions (FAQs)
Is a pool liability waiver legally binding?
Whether a pool liability waiver is legally binding depends largely on state laws. Although enforceable in most states, liability waivers are unenforceable or strictly construed in Louisiana, Montana, South Carolina, and Virginia.
Will this waiver protect a pool facility against all potential lawsuits?
No, pool liability waivers generally do not cover gross negligence or intentional harm.
Do I need a waiver if my pool has “Swim at Your Own Risk” signage?
“Swim at Your Own Risk” signage offers some legal defense from injury lawsuits, but a signed waiver provides stronger evidence that a guest was fully aware of the risks associated with using a pool.