Are there exceptions to liability waivers in Virginia? | Shapiro, Washburn & Sharp

Indemnity provisions in Virginia are a possible exception to the general ban on enforcing liability waivers. An indemnity provision is an agreement between two parties that apportion liability between them. An indemnity provision does not prevent the injured person from filing a personal injury lawsuit after a serious personal injury. But an indemnity clause may sometimes necessitate the injured person to compensate the liable party for lawsuit expenses. This makes the indemnity clause almost indistinguishable from the liability waiver.