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6.7. Outfitter Responsibilities
As part of the Online Waiver process, there are a few additional things you should be aware of to ensure the integrity of your waivers. It is important that you offer the following as part of your standard waiver operating procedure:
* Because enforceability of the electronic waivers can vary from state to state (or from country to country) the waiver text should specify a choice of law (the state whose law will apply to the waiver) to govern the waiver. The choice of law provisions should be coupled with a venue provision requiring claims to be asserted in the same state. If not, a greater risk exists that the court hearing the case will ignore the choice of law provision, applying either its own law or other unfavorable law.
* Paper agreements and signatures must be accepted, should a guest not be comfortable completing an online waiver.
* If a guest requests a paper or electronic copy of their electronically signed agreement, it must be provided.
* A guest can withdraw their electronic signature at any time prior to the event, and their request must be respected. The guest must, of course, complete a paper waiver should they revoked their electronic signature.
If you have any additional questions regarding using the online waiver feature, please feel free to contact support.