The US National Park Service (NPS) has the following language. This is in the context of a commercial operator (like a white water rafting company) getting a commercial permit to take clients down a river in National Park lands.
The commercial operator is required to carry insurance, and nearly all insurance companies require clients to sign documents that waive their rights to hold the commercial operator responsible for actions (as much as can be enforced).
The National Parks say this:
NPS policy states that operators cannot require visitors (clients) to waive their right to hold Commercial Use Authorization (CUA) or Special Use Permit (SUP) holders responsible for actions.
- The Holder is not permitted to require clients to sign a waiver of liability statement or form, insurance disclaimer and/or indemnification agreement.
Let's imagine that in the past a commercial operator has had clients sign those releases, while holding a National Park commercial permit.
1) Is the release signed by the client independent of whatever the National Park's policy (above) states?
2) Are those releases subject to challenge because they violated an aspect of the permit?
3) Is the only real material affect going to be potential discipline from the NPS for violating the terms of the commercial permit, by clients signing liability waivers.
Apparently the history for this is because of a law that doesn't allow the federal government, in this case the NPS, to be released of liability.