Waiver and Release Form: Elements, boilerplate template, and optional clauses
What is a Waiver and Release Form?
A Waiver and Release Form is a legal document that is used to waive liability and release an individual or organization from any legal claims or damages arising from participation in an activity or event. This form is commonly used in situations where there is a potential risk of injury or harm to the participant, such as in sports, recreational activities, or construction projects. By signing a Waiver and Release Form, the participant agrees to assume any and all risks associated with the activity or event and agrees to release the organizer or host from any legal claims or damages that may arise as a result of their participation.
What are the elements of a Waiver and Release Form?
Elements can vary depending on the specific situation and the nature of the activity or event, but typically include:
- Identification of Parties: The form should clearly identify the parties involved, including the participant and the organization or individual being released from liability.
- Description of Activity: The form should describe the activity or event for which the participant is waiving liability and releasing the organizer or host from any legal claims or damages.
- Assumption of Risk: The form should include a statement in which the participant acknowledges and assumes any and all risks associated with the activity or event.
- Release of Liability: The form should include a release of liability clause in which the participant agrees to release the organizer or host from any legal claims or damages arising from their participation in the activity or event.
- Indemnification: The form should include a clause in which the participant agrees to indemnify and hold harmless the organizer or host from any legal claims or damages arising from their participation in the activity or event.
- Signature and Date: The form should include a signature and date line for the participant to sign and date, indicating that they have read and understood the terms of the waiver and release.
It’s important to note that the specific language and format of the Waiver and Release Form may vary depending on the jurisdiction and the particular circumstances of the activity or event. It is recommended that the form be reviewed by a legal professional to ensure that it adequately protects the interests of all parties involved.
The following boilerplate template can be used on SimpleSignRequest.com
Waiver and Release Form
I, [Party A Name], hereby acknowledge that I understand the risks and potential hazards associated with [activity or event], which I am voluntarily participating in.
I am aware that these risks may include, but are not limited to, bodily injury, property damage, and death. I acknowledge that I am solely responsible for my own safety and well-being during the activity or event.
In consideration of being permitted to participate in this activity or event, I hereby waive, release, and discharge any and all claims, actions, damages, or liabilities arising out of or related to my participation in the activity or event. This includes, but is not limited to, claims arising from the negligence of [organization or event host], its officers, employees, agents, and volunteers.
I also agree to indemnify and hold harmless [organization or event host], its officers, employees, agents, and volunteers, from any and all claims, actions, damages, or liabilities arising out of or related to my participation in the activity or event.
I further understand and agree that this waiver and release is binding on my heirs, executors, administrators, and assigns, as well as on myself.
By signing below, I acknowledge that I have read this waiver and release form, fully understand its terms, and have voluntarily agreed to its provisions.
By: [Party A Signature]
Name: [Party A Name]
Date: [Party A Signature Date]
What are the possible clauses that can be added to a Waiver and Release Form?
- Acknowledgement of risks and hazards: This clause should state that the participant acknowledges that the activity or event involves certain risks and hazards, such as bodily injury, property damage, and death.
- Waiver of liability: This clause should state that the participant waives any right to sue or hold responsible the organization or event host for any injury or harm suffered during the activity or event, even if caused by the negligence of the organization or event host.
- Indemnification: This clause should state that the participant agrees to indemnify and hold harmless the organization or event host from any claims or damages arising out of the participant’s participation in the activity or event.
- Medical treatment authorization: This clause should state that the participant authorizes the organization or event host to seek medical treatment on their behalf in case of an emergency.
- Photo and video release: This clause should state that the participant agrees to allow the organization or event host to take and use photographs and videos of the participant for promotional purposes.
- Arbitration clause: This clause should state that any disputes arising out of the waiver and release form will be resolved through binding arbitration rather than through the court system.
- Severability clause: This clause should state that if any provision of the waiver and release form is found to be invalid or unenforceable, the remaining provisions will remain in effect.
- Governing law clause: This clause should state that the waiver and release form will be governed by the laws of the jurisdiction in which the activity or event takes place.
- Assumption of risk clause: This clause should state that the participant assumes all risks associated with the activity or event and that the organization or event host is not responsible for any injury or harm suffered by the participant.
- Parental consent clause: If the participant is a minor, this clause should state that the parent or legal guardian of the minor consents to the minor’s participation in the activity or event and agrees to the terms of the waiver and release form on behalf of the minor.