Activity Participation and Conditional Liability Waiver — New York
ACTIVITY PARTICIPATION AND CONDITIONAL LIABILITY WAIVER — NEW YORK
Before you use this: Under GOL § 5-326, a paid pool, gymnasium, amusement or recreation facility cannot exempt itself from its own negligence by this kind of writing. For such a facility, complete the participation terms but leave the release in Section 3 inapplicable.
1. Activity and facility
| Item | Completed information |
|---|---|
| Adult participant and contact | [________________________________] |
| Provider's legal name and address | [________________________________] |
| Other specifically identified released persons | [________________________________] |
| Activity, facility, dates, and equipment | [________________________________] |
| Fee or other compensation paid for use of facility | [amount and recipient, or none: ________________________________] |
The Activity consists only of [describe: ________________________________]. A different activity, facility, or date requires a new written description accepted by the Participant.
2. Risks and safety arrangements
The Provider identifies these actual risks and possible injuries or property losses: [________________________________]. The safety instructions supplied are [document and date: ________________________________]. The Participant chooses to take part after reading this description and may stop participation and notify the Provider. Acknowledging a risk does not establish that the Provider acted with reasonable care.
3. Conditional release of the Participant's own claims
Classification — select one after review:
☐ Paid recreation facility: The Provider owns or operates a pool, gymnasium, place of amusement or recreation, or similar establishment and receives a fee or other compensation for its use. No negligence claim is released by this document. Section 3's release paragraph below does not apply.
☐ Other activity: The Provider and Participant have determined that GOL § 5-326 does not govern the described Activity. The release paragraph below applies only to the extent New York law permits it.
Release paragraph for the other-activity selection only: In exchange for participation, the Participant releases the Provider and the identified released persons from the Participant's own claims for injury or property loss caused by their ordinary negligence during the described Activity, only to the extent governing law permits an advance release for this Activity. This does not release a claim for intentional, reckless, or grossly negligent conduct; an activity outside Section 1; a claim belonging to another person; or a right the Participant cannot release. The Participant does not agree to defend or indemnify anyone against another person's claim.
The Participant understands that the other-activity selection may limit the Participant's own recovery. A blank or conflicting classification gives no release.
4. Contact and signatures
Emergency contact name and telephone: [________________________________]
Participant signature: [________________________________] Date: [__/__/____]
Participant printed name: [________________________________]
Provider representative acknowledging receipt: [________________________________] Date: [__/__/____]
Disclaimer: This template is informational and is not legal advice. Have a New York lawyer review it before use.
About this template
- Last updated
- October 21, 2026
- Citations checked
- October 21, 2026
- Jurisdiction
- New York
- Category
- Contracts & Agreements
Legal authority
- N.Y. Gen. Oblig. Law § 5-326 (negligence releases at compensated recreation facilities void)
A contract is a written record of what two or more parties agreed to and what happens if someone does not follow through. Clear language, defined terms, and clean signature blocks keep disputes small and enforceable. The most common mistakes in contracts come from vague promises, missing details about timing or payment, and skipping standard protective clauses like governing law and dispute resolution.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 21, 2026.
N.Y. Gen. Oblig. Law § 5-326 (checked October 21, 2026): "Every covenant, agreement or understanding in or in connection with, or collateral to, any contract, membership application, ticket of admission or similar writing, entered into between the owner or operator of any pool, gymnasium, place of amusement or recreation, or similar establishment and the user of such facilities, pursuant to which such owner or operator receives a fee or other compensation for the use of such facilities, which exempts the said owner or operator from liability for damages caused by or resulting from the negligence of the owner, operator or person in charge of such establishment, or their agents, servants or employees, shall be deemed to be void as against public policy and wholly unenforceable."
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