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A liability waiver/release form is a legally binding contract where one party (usually a participant or customer), acknowledges and consents to release the other party (usually a company), from any liability of risks, or damages that may be caused from the participant’s engagement in an activity.
Although a liability waiver is a legally binding contract, it is only a form of protection. Having liability waivers in place does not guarantee that a party would be free of any lawsuits or liability. It is important to note that decisions differ on a case-to-case basis. However, the templates provided to you have been designed to be upheld in a court of law.
NOTE: LIABILITY WAIVERS ARE LEGAL DOCUMENTS. THE SAMPLES PROVIDED TO YOU BELOW ARE SIMPLY JUST TEMPLATES. IT IS IN YOUR BEST INTEREST TO SEEK LEGAL ADVICE FROM A LAWYER BEFORE DRAFTING AND IMPLEMENTING YOUR FORMS.
Well, the answer is pretty simple. The key reason as to why you should use a liability waiver is so that you can protect yourself from any lawsuits, or damages, for any risks that are associated with the activities that take place at your facility.
Liability waivers are very common, and used everyday. While preparing a liability waiver, it is very important that your form uses language that explains the terms and conditions of the agreement in a way that is easily comprehensible to a reasonable person.
An assumption of risk clause asks the participating party to understand and acknowledge all the potential risks and dangers associated with their participation in any activities at your facility. This clause is a key component of a liability waiver as it lessens the opportunity for participants to bring any claims regarding not being aware of any risks.
Including a release of liability clause allows you to relieve yourself from any liability that may occur from negligence. In order to ensure your liability waiver is effective, it is recommended that your terms be as detailed and clear as possible so that the party signing the waiver is aware of the rights that they are agreeing to waive.
An indemnification clause would protect your business from having to be responsible for the damages suffered by a third party. This means that the indemnifier (signing party) agrees to be responsible for the costs/loss/damages suffered by a third party due to their own negligence, acts or omissions.
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