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shredlife

Junior Member
What is the name of your state (only U.S. law)? California

Hi, I am interested in starting a website where users will do physical challenges and get rewards if they complete these challenges. These challenges will be created by the community who visit the site. The physical challenges will have risks involved.

I was going to post a disclaimer on the front page of the website as well as have a link to it on each individual page before visitors post proof of them completing challenges.

I want to make sure the user of the site does not hold my website liable for any injury, or criminal issues that will arise from them accepting the challenges.
 
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quincy

Senior Member
What is the name of your state (only U.S. law)? California

Hi, I am interested in starting a website where users will do physical challenges and get rewards if they complete these challenges. These challenges will be created by the community who visit the site. The physical challenges will have risks involved.

I was going to post a disclaimer on the front page of the website as well as have a link to it on each individual page before visitors post proof of them completing challenges.

I want to make sure the user of the site does not hold my website liable for any injury, or criminal issues that will arise from them accepting the challenges.
As website owner, you are offered some protection from suit under the Communications Decency Act, section 230. The immunity offered under Section 230 is not an absolute immunity. You still can be held liable for any content you contribute to the site and you can be held liable if you encourage others to contribute content that violates a law.

Your proposed website idea is legally risky. You will not only want a personal review of your idea by an attorney in your area prior to implementing your plans, and you will want professional help in drafting the terms and conditions of your site, you will also want good liability insurance coverage to cover the claims that are likely to arise.

Disclaimers do not prevent lawsuits, as a note. Disclaimers can work to mitigate damages in the event of a lawsuit loss, however, and that is a good reason to have a carefully drafted one for your website.

One additional note: There are "extreme" haunted houses that use liability waivers and some require health checks to better ensure the haunted house experience does not literally scare participants to death. You might want to check out the contractual agreements they use to provide some protection from suit (although these haunted house operators still have been sued - and also banned from operating in some cities ).
 
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