Editing Waiver (section)

==Enforceability==
The following represent a general overview of considerations; specifics may vary dramatically depending on the jurisdiction.

Key factors that some courts (depending on jurisdiction) may look at while determining the applicability of a waiver:{{Citation needed|date=March 2022}}
* In some jurisdictions, one may not prospectively waive liability for some or all intentional activities
* Waivers generally must be made voluntarily and with the full knowledge (or the ability to know) of the right being waived
* The waiver should be unambiguous and clear to a reasonable person
* In some jurisdictions (not including the United States), it may be necessary that the parties to the waiver have equal bargaining power
* A waiver may have limited application where one contracts for an "essential service" such that it may violate public policy for liability to be waived
* A waiver that the courts will not enforce because the purpose of the agreement is to achieve an illegal end constitutes an [[illegal agreement]].