release of liability

Understanding Release of Liability Forms

A release of liability, sometimes called a waiver of liability, is a legal document used to protect one party from being sued by another party. These agreements are commonly used in situations where there’s an increased risk of injury, like with recreational activities or using equipment. When you sign a liability waiver, you agree not to hold the other party responsible if you get hurt. Let’s break down how these forms work and when you might need one.

What is a Release of Liability?

A release of liability form is a legally binding contract that says one party won’t sue the other for any injuries or damages that occur while taking part in an activity. For example, if you go skydiving, you’ll likely have to sign a waiver saying you won’t sue the skydiving company if you get injured during the jump.
These agreements basically say that you understand the risks involved, you agree to assume those risks, and you release the other party from liability. The idea is that by signing the form, you take responsibility for your own safety instead of holding the company or property owner accountable later on.

When are These Forms Used?

You’ll see liability waivers anytime there’s an activity or situation with increased risks. Common examples include:

• Recreational activities like skydiving, ziplining, rock climbing, whitewater rafting, etc.
• Using equipment like rental cars, construction tools, party supplies, etc.
• Visiting properties like amusement parks, trails, private land open to the public, etc.
• Events like concerts, races, festivals, etc.
• Businesses like escape rooms, trampoline parks, gyms, etc.

Basically any business or property owner can use a release form when they offer products or activities that carry more risk. It shifts liability from them onto visitors and customers.

What Should Be Included in the Waiver?

For a liability waiver to hold up in court, it needs to contain certain details. Here are key sections to include:

Description of Risks

The form should clearly describe the activity and explain specific risks. Don’t just say “this activity is dangerous.” Give details like listing physical risks, environmental hazards, potential accidents, etc. The more details you include, the harder it is for someone to claim they didn’t understand the dangers.

Assumption of Risks

State that the participant understands the risks involved and agrees to assume those risks. This shows they know what could happen and still choose to take part.

Waiver and Release

Include statements saying the signer releases you from liability for injuries or damages that occur due to participation. Outline what claims they agree not to make in the future.

Binding of Heirs and Representatives

To prevent relatives from filing claims later on, include language saying the agreement is binding upon heirs, executors, administrators, and representatives.

Severability

A severability clause says that if part of the agreement is invalid or unenforceable, the remainder still stands. This prevents the entire thing from being thrown out over a technicality.

Governing Law

Specify which state’s laws govern the agreement. Generally, you’ll choose the state where the activity occurs.

Can Liability Waivers Protect You Completely?

While a properly written liability waiver provides good legal protection, it doesn’t guarantee you immunity. Here are limitations to understand:

Gross Negligence

If injuries or damage result from extremely careless or reckless actions, you can still be sued despite the waiver.

Changing Laws

As legislation and legal precedents evolve, courts may rule certain waivers unenforceable even if they once were valid.

Minors

Waivers signed on behalf of minors aren’t always binding. A parent can’t sign away a child’s legal rights in some cases.
The key is taking reasonable safety precautions and acting responsibly. Don’t count on waivers to justify cutting corners or ignoring dangers. They provide an added layer of protection but have limits.

Drafting Your Own Release of Liability Form

If you want to create your own liability waiver, follow these tips:

• Consult an attorney to ensure it’s legally sound for your situation.
• Outline known and potential risks so participants understand what they’re getting into.
• Include the key provisions covered earlier to release you from claims.
• State that participants are voluntarily assuming risks by choosing to take part.
• Have it reviewed by an attorney in your jurisdiction before using it.

It’s smart to have waivers customized for your particular activity or business. While you can find generic templates online, one tailored to your needs gives better protection.

Do Participants Always Have to Sign?

For some high-risk activities, companies require signed waivers before allowing participation. This approach ensures documentation from those who take part. However, you can still enforce waivers against people who didn’t sign. Here are two ways:

Notice Waivers

These are posted signs saying that entry onto the property or participation in an activity constitutes agreement to the terms of your waiver. So even without a signature, entering means they accept the release of liability.

Implied Waivers

If you inform people of risks and they still willingly participate, they may have given implied consent. Their actions suggest a willingness to accept risks and not hold you responsible.
So while signatures provide the clearest proof, waivers don’t always require written consent. Letting people know about dangers then having them participate can demonstrate agreement.

Common Questions

Let’s review some frequently asked questions about liability waivers:

Can minors sign them?

Usually not. Most states don’t consider waivers signed by minors to be legally valid. A parent or guardian signing for a minor may carry more weight but varies by jurisdiction.

Do I need a lawyer to create one?

No, but it’s highly recommended. Even generic templates still require customizing to suit your particular activity or business. Having an attorney tailor the waiver to your needs gives the best protection.

What happens if a section is invalid?

That’s why you include a severability provision. It states that even if part of the waiver gets thrown out or amended, the rest still applies. This prevents the entire thing from being voided.

Am I guaranteed protection?

Not 100%. Waivers provide strong legal defense but have limitations like gross negligence, changing legislation, etc. You still need to take reasonable safety measures and not rely solely on waivers. Think of them as one layer of protection that complements good judgment.

The Takeaway

Release of liability agreements shift legal responsibility for risks and injuries away from companies and property owners onto individuals who choose to participate. They allow businesses that offer recreational activities, equipment rentals, events, and other products/services with increased dangers to limit their exposure to lawsuits. If you engage in higher-risk offerings, having customers or visitors sign well-crafted waivers is smart. Just recognize their protections aren’t absolute and proper safety protocols are still essential.