Facts about the Release of Liability Waiver template
Contents
- 1 Facts about the Release of Liability Waiver template
- 2 What is the Release of Liability Waiver Used For?
- 3 Who Would Use a Release of Liability Waiver Form?
- 4 When Should You Use The Release of Liability Waiver Form?
- 5 What Are the Consequences for Not Using a Release of Liability Waiver Form?
- 6 Steps for Filling Out a Release of Liability Waiver Form
- 7 Quick Questions
What is the Release of Liability Waiver Used For?
A release of liability waiver form is simply put, a legal document between you, the releasee, and another party promising not to sue, the releasor. In this straightforward agreement, the releasor is expected to accept the risks of being involved in an activity or event and by signing, they are agreeing that they will not sue for injuries or damages resulting from anything laid out on the waiver. This simple liability form will include sections that state who the releasee is, who the releasor is, the date the release takes effect, a description of the event, and information on governing law in the state. Some might refer to the release as a general waiver, a conditional waiver, or a legal release. Regardless of what it's named, the purpose of each form is all the same.Who Would Use a Release of Liability Waiver Form?
Organizations or other legal entities can use one of the various forms of releases from the general release form to a participation release. All of these forms are drafted to waive one form of liability or another, whether it be general liability or liability specific to an auto accident. The individual who prepares the form to be signed by the party promising not to sue is typically an owner, program director, or event organizer. After one of the parties above does the drafting of the waiver, the participant, customer, or attendee will sign and date it. Drafting sounds like a lot of work, but with the easy-to-prepare online release of liability forms, both tasks are easy.When Should You Use The Release of Liability Waiver Form?
A liability waiver or general waiver form can be used in a plethora of different scenarios. What can be confusing about these generalized forms is that they are not specific to one type of event. Since documents can include very broad legal statements waiving one party's liability from injuries and damages resulting from an event or a program, it's crucial to find the right PDF form that includes all of the risks you might be exposed to. The best general forms are free and include fields where you can write out the name of the event, the dates the event will be held, and who is indemnified from the agreement. Since the entire purpose of the form is to protect you during the event, you should have the form tailored to include your event-specific information prior to enrolling participants. The form should be considered mandatory and signed before any collateral is received. Some examples when a waiver of liability would be a great idea include:- You are acting as a venue owner and having a large wedding on-site at your property
- You are arranging a kid's sporting event and are enrolling participants
- You are a daycare provider and offering to take children on a field trip
- You are hosting a charitable giving event or competition
- You are offering training at a non-profit organization to participants who volunteer their time
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What Are the Consequences for Not Using a Release of Liability Waiver Form?
There are some major consequences if you don't set aside 30 minutes to an hour out of your day to review liability waivers. While not all of these consequences directly involve money, a majority of them do, and as we all know, money talks. Without indemnifying yourself and having a releasor make that promise that they won't sue you for any sort of damages, there are no guarantees that you won't be sued for something minor or major. Some of the many consequences include:- Spending time and money in a legal battle
- Focusing energy on legal troubles and claims rather than spending time building your business
- Losing money to litigious attendees for founded or unfounded claims
- Fear of ever taking the chance to have another event to give back in the future
- Mental stress that can affect your personal life
Steps for Filling Out a Release of Liability Waiver Form
A waiver is extremely important but you'll be shocked to learn that it's one of the easiest forms you'll have to find out. Probably even easier than any form a vendor will hand you regarding the services that you have ordered. Here's a list of steps:- List the name of the event under 'EVENT' along with the date or date range of the event
- List the names and entities who are to be protected by the release under THE FOLLOWING ENTITIES OR PERSONS field
- Ask the participant to legibly write name and date under participant's name
- Request parent's signature if the participant is under 18
Quick Questions
A release of liability is a legal document that must be drafted and signed by the participant before the event in question. Anything signed after the fact will not be valid.
Waiver laws are set by the state legislature so there is a lot of confusion as to whether or not the time spent drafting a waiver is worth it. Some states have strict standards and others do not. In most states, when a waiver is voluntarily signed and well-drafted, it will be admissible.
Some waivers will be thrown out almost automatically in court. Make sure you have a descriptive title, indemnity clause, assumption of risk section, and that important language is capitalized or bold.