What a waiver cannot do
Under French law, when dealing with a consumer, a clause whose purpose is to “remove or reduce the consumer’s right to compensation for the harm suffered in the event of a breach by the professional of any of its obligations” is presumed unfair, with no possible proof to the contrary (Article R212-1, 6° of the French Consumer Code). A waiver saying “the operator accepts no liability” therefore does not protect against fault.
The operator remains bound by a duty of safety towards its customers. Depending on the customer’s role during the activity, active or passive, French courts treat it as an obligation of means, sometimes reinforced, or an obligation of result. In a national survey of 147 trampoline parks, inspectors even found an operator who had customers sign contracts excluding all liability, including in the event of death.
What it really allows
- Proving the information was given: the customer has read the activity rules, safety instructions and contraindications.
- Getting the house rules accepted: clothing, minimum age or height, prohibited behaviour.
- Obtaining a legal guardian’s consent for a minor.
- Having the customer’s contact details if an incident occurs.
In other words, the waiver is above all proof that you informed customers properly, which matters in the event of an accident. It replaces neither supervision, nor maintenance, nor inspection of the installations.
Writing a good waiver
- Simple sentences, readable on a tablet or phone.
- Rules and contraindications specific to your activity, rather than generic text.
- No clause claiming to exclude your liability.
- A review by your insurer or a lawyer, then an update whenever your rules change.
How long should you keep it?
In France, a liability claim arising from bodily injury is time-barred ten years after the injury has stabilised (Article 2226 of the French Civil Code). Set the retention period with your insurer, tell customers how their data is used, and collect only what is necessary, in line with the GDPR.
And with Lago?
Lago has the waiver signed on a tablet at reception, with the text you wrote. It stays valid for a year: on the next visit, the team checks in an instant that it has been signed, and the waiver log can be downloaded as a PDF. By default, signed waivers are kept even if you delete a customer’s contact details. Lago for trampoline parks, go-kart tracks and treetop adventure parks.
Sources (in French): La Lettre des Réseaux, Article R212-1 6°, Me Malka-Sebban, operator liability, DGCCRF, survey of trampoline parks. This article is general information and does not replace advice from a lawyer or your insurer.