Liability Waiver: Elements, boilerplate template, and optional clauses
What is a Liability Waiver?
A Liability Waiver is a specific type of waiver and release form that focuses on waiving the liability of a party, while a Waiver and Release Form is a more comprehensive document that may cover various aspects of participation in an activity or event.
What are the elements of a Liability Waiver?
- Release of liability: This clause should clearly state that the participant releases the organization or event host from any claims or liability arising from participation in the activity or event, including claims arising from the negligence of the organization or event host.
- Assumption of risk: This clause should state that the participant assumes all risks associated with the activity or event, including risks that may be inherent or unknown, and that the participant understands and accepts those risks.
- Description of the activity or event: This clause should provide a clear description of the activity or event in which the participant is engaging, including the location, date, and time.
- Statement of participant’s fitness: This clause should require the participant to attest that they are physically and mentally fit to participate in the activity or event, and that they have disclosed any medical conditions or limitations that may affect their ability to participate.
- Statement of participant’s age: If the participant is a minor, this clause should require the parent or legal guardian to attest that the minor is of the appropriate age and maturity to participate in the activity or event.
- Choice of law: This clause should specify the governing law that applies to the waiver, in case of any disputes or legal actions.
- Acknowledgment of waiver terms: This clause should require the participant to acknowledge that they have read and understood the terms of the Liability Waiver, and that they have voluntarily signed the waiver.
- Signature: The Liability Waiver should be signed by the participant or their parent or legal guardian, as applicable.
Again, the specific elements of a Liability Waiver may vary depending on the particular circumstances and legal requirements. It is important to consult with a legal professional to ensure that the Liability Waiver is properly drafted and provides appropriate protection for the organization or event host.
The following boilerplate template can be used on SimpleSignRequest.com
Liability Waiver
I, [Participant’s Full Name], hereby acknowledge that I am voluntarily participating in the activity or event described as [Activity/Event Description], which is being organized by [Organization/Event Host Name] (the “Organization”).
In consideration for being allowed to participate in the activity or event, I hereby acknowledge and agree as follows:
- Release of Liability:
I hereby release and forever discharge the Organization, its officers, directors, employees, agents, and assigns from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from my participation in the activity or event.
- Assumption of Risk:
I understand that my participation in the activity or event involves certain inherent risks and hazards, including but not limited to [List of Risks/Hazards]. I acknowledge that I have voluntarily assumed all risks and hazards associated with my participation in the activity or event.
- Fitness to Participate:
I represent that I am physically and mentally fit to participate in the activity or event, and that I have disclosed any medical conditions or limitations that may affect my ability to participate.
- Choice of Law:
This waiver and release shall be construed in accordance with the laws of the State of [State], and any legal action arising from my participation in the activity or event shall be brought in the courts of [State].
- Acknowledgment of Waiver Terms:
I acknowledge that I have fully read and understand this Liability Waiver, and that I am signing it voluntarily and with full knowledge of its legal significance.
By signing this Liability Waiver, I acknowledge and represent that I have read and understand its contents, that I sign it voluntarily, and that this waiver is binding upon me, my heirs, executors, administrators, and assigns.
Participant Signature: [Participant Signature]
Participant Name: [Participant Name]
Date: [Participant Date Signed]
What are some additional clauses that might be in a Liability Waiver?
- Medical Treatment Authorization: This clause should give the Organization or event host permission to seek medical treatment on the participant’s behalf in case of injury or illness during the activity or event.
- Photo and Video Release: This clause should give the Organization or event host permission to use photos or videos of the participant for promotional or marketing purposes.
- Indemnification: This clause should require the participant to indemnify and hold harmless the Organization or event host from any claims, damages, or expenses arising from the participant’s actions or conduct during the activity or event.
- Arbitration: This clause should require any disputes arising from the Liability Waiver to be resolved through binding arbitration instead of through the court system.
- Parental Consent: If the participant is a minor, this clause should require the parent or legal guardian to give their consent for the minor to participate in the activity or event, and to sign the Liability Waiver on behalf of the minor.
- Severability: This clause should state that if any provision of the Liability Waiver is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Again, the specific clauses to include in a Liability Waiver may depend on the particular activity or event and the legal requirements of the jurisdiction. It is important to consult with a legal professional to ensure that the Liability Waiver is properly drafted and provides appropriate protection for the Organization or event host.