Liability Waiver Form

A waiver form is a document allowing to give up certain legal rights or claims. It’s concluded between two parties – releasor and releasee, where the releasor waives any claims against the potentially liable releasee. Basically, this form of release is used whenever two parties want to avoid court involvement in their conflict settlement.

With the help of a waiver agreement, the releasor, despite all risks, agrees not to file a claim against the releasee for any possible damages. A liability waiver form is commonly used by the business owner, which provides services or activities involving some risks. The agreement helps to avoid liability in case of a participant’s personal injury, accident, or damages during such activity. A liability release waivers can be used both before and after the incident.

A waiver agreement should be taken seriously and prepared thoroughly as they are complex legal documents. Our waiver templates are aimed at helping you prepare qualified release documents. You will also find some guidelines to help you not miss any single detail.

General Waiver of Liability

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What Types of Waiver Forms Exist

A liability waiver form serves to relinquish the party or parties’ present or future claims. Many types of release forms can be used by parties to reconcile, but the most common of them are:

  • General Release

As the term implies, the general release agreement is applied in a variety of circumstances. It allows the releasor to relinquish all present and future claims caused to a person or property. This liability waiver form is suitable for the majority of disputes, from debt settlement to accidents. Note that these legal documents should always provide compensation for the damage or injury.

  • Release for Personal Injury

This type of liability release is more specific and allows the injured or harmed person to waive any demands or claims against the liable individual. The injury may be either physical or mental. For example, a person can get both physical and psychological injuries after the dog’s attack. This liability waiver form always requires compensation for the injured individual.

  • Waiver for the Activity or Event Participation

This liability waiver form helps business representatives providing high-risk events to avoid liability claims brought by the individual participating in the activity. It’s usually used for extreme sports and games such as paintball, bungee jumping, or skydiving as a form of participant’s consent to the potential risks. It helps the entertainment business and company avoid liability in case of personal injury or accident. A company that wants to organize a physical activity for the employees should also request each employee to sign this type of form.

  • Damage to Property Release

Damage to property waivers release the potentially liable person from present or future claims for harming the releasor’s real estate or personal possessions. It’s a common case during construction or repair works. The property damage liability release is frequently used along with rental agreements waiving the tenant’s obligation to indemnify the property owner for accidental damage.

  • Waiver for Motor Vehicle Accident

A car accident release waives rights to claims resulting from a car collision. It allows the injured releasing party to relinquish any claims for car damages or personal injuries due to the car collision in exchange for an agreed compensation. This type of release is signed after the event.

  • Mutual Release

The mutual waiver of liability is similar to the general release but allows both parties to waive legal rights or liability claims against each other. The release scope may be limited, but parties typically agree to waive all possible claims. The mutual release is commonly used by business partners signing a partnership contract. With such a release agreement, the parties agree not to sue each other if one of them (or both) breach the terms of the contract.

Some other examples include:

  • Medical Liability Waiver

A medical professional should get a medical liability waiver to be able to treat the patient. This liability waiver form serves as patients’ consent and waives any claims against medical professionals should the patient get injured or die during medical treatment.

  • Waiver of Grounds of Inadmissibility.

A person seeking an immigrant visa, adjustment of status, or other immigration benefits, may be required to complete the Application for Waiver of Grounds of Inadmissibility, asking the U.S. government to overlook or forgive certain grounds of inadmissibility.

There are also parental and legal guardian forms for minors or people lacking mental capacity, which allow providing approval for the child to participate in the activity involving certain risks of injury.

Why It Is Reasonable to Use a Waiver

A waiver of liability can be useful for both the releasing party and releasee. In most cases, it’s much more beneficial for two parties to reconcile than filing a lawsuit. Of course, there are situations where the document cannot be valid, for example, if accidents or injuries are caused by complete negligence. Nevertheless, in most cases, to use this document is a reasonable way out of a dispute.

Releasor’s Perspective

A waiver of liability form saves time and money. If you find yourself in the unfortunate event of being injured, a lawsuit can be difficult for you to handle. You might not be physically ready to sue the liable person. Moreover, the litigation process demands a great expense. You will need to address a law firm and pay for the attorney, while this money can be spent on your recovery or property repair service instead. All in all, the accident, along with litigation, can lead to emotional suffering and the decision not to participate in the favorite activity or drive a car again. Using release forms, the releasor can get compensation for personal injury or property damage right away and not waste time and effort on legal battles in court.

Releasee’s Perspective

As mentioned above, the litigation process demands a lot of money. You will have to address a law firm and pay your attorney. Still, you cannot be sure that you will prove your innocence. Thus, you will have to spend a lot of money on court settlement and pay huge compensation to the injured individual. Additionally, the lawsuit can cast a shadow on your name as a company or business representative, and you will be likely to lose your customers. The incident can also lead to mental anguish, making you leave your business. With a waiver release, the releasee can pay an agreed amount of money right away and not sacrifice the name and reputation as a business owner.

What to Include in a Waiver Form

What details you include in the form depends on its type. Generally, the form should contain such components as the event’s description, date when it’s happened (if the event has already occurred), possible compensation in case of damages, effective date, state laws, and signatures of both the releasor and releasee.

Description of the event. Regardless of the type of release, it’s crucial to describe the event to occur or incident that has already happened. For example, in the case of a car accident, you should include all relevant details—location, time, and date of the accident. As a company providing extreme activity, to avoid liability you have to explain to the participant the details related to risks of injury or death. Additionally, a waiver of liability may include the participant’s approval to be recorded during the activity.

Risks and danger provisions. In high-risk activity or extreme sports, the form should contain the assumption of the risks. It will confirm that the participant agrees to participate in the activity despite the risks. For medical liability waiver, risk provisions confirm that the individual is fully aware of the possibility of being injured or harmed. Thus, by signing the document, the person agrees not to file a claim against the medical professional in case of personal injury or death. The release document may also contain the provisions specifying that the individual is responsible for their own medical, health, and life insurance.

Compensation. The document should clearly identify what is to be offered by the releasee to avoid liability claims. The releasing party usually waives real or potential claims for damage against the releasee in exchange for something of value.

Effective date. As with every legal document, the waiver release form should include the date when it becomes enforceable.

Governing laws. Different states may have different regulations on the issue. To be easily interpreted, the form of release should include the state laws applied to it. You are encouraged to consult your attorney on this issue.

Signatures. Both the releasor and releasee should sign the agreement. The releasor should carefully check all provisions and structure before giving it to the releasee. The releasee, in their turn, should thoroughly read it before signing to avoid any future disagreements.

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Filling Out the Waiver Form

A waiver release agreement may vary depending on the situation and specific type. However, it should always have an appropriate structure and format and include the components mentioned above. Use our template to prepare your release document with no problems. You are recommended to consult the attorney after drafting your form.

Step 1. Identify the parties

Each party to the liability waiver form should be identified either at the beginning or at the end of the document. You should include all relevant contact details. It’s necessary to indicate whether the document is signed by a parent or legal guardian (if minors participate in the activity).

Step 2. Describe the event

This section describes the event that is to take place and the circumstances. In extreme activities or sports, this part also informs the participants of potential risks they may face during the activity. With a release form, the participant confirms the wish to participate in the activity even though it can lead to injury. It allows the event organizer or company to stay out of trouble and avoid responsibility. In this section, it’s necessary to clearly define that you do not provide cover insurance for the participants.

Step 3. Define the compensation

The document usually contains obligations, allowing parties to agree on compensation type in case of any damages. The parties typically agree on monetary compensation for damage, but it’s possible to offer tangible goods or services as compensation. Make sure the one you choose suits best for your situation. For example, if you damage a car, you can offer to pay for the car repair service or buy necessary vehicle parts.

Step 4. Check the format and structure

You should use the appropriate structure and format. The font should be easy-to-read and understandable. You are recommended to use bold font and capital letters to emphasize important information. You can request your attorney to check the agreement after preparing the draft.

Step 5. Sign the agreement

Before signing the document, the parties should carefully read all the provisions. You can also provide a witness(es) or notary public to the form. Make sure that you indicate the date of signing and its effective date. The releasors should always be warned to read the agreement carefully and pay attention to the highlighted information.

Frequently Asked Questions

What Can I Offer as Consideration for Waiver?

As a general rule, parties offer money to compensate for the release of liability. However, it’s not an obligatory part of a liability waiver. It’s acceptable to offer certain tangible goods and services. For example, in a motor vehicle accident, the releasee may provide the releasor with car repair services or technical parts for the car. Basically, everything of value and agreed upon by both parties can pass for compensation. However, if it turns out that the compensation is not reasonable, the court may define the release agreement as invalid.

When Can a Waiver Be Invalidated?

There are some situations where you cannot use a waiver form to avoid liability. The terms of such a document may be invalidated if the damage is caused by complete negligence. It can be considered invalid if the releasee fails to provide adequate care. The court may also reject the release document if it does not properly explain its details and risks. Moreover, the document can be deemed invalid if it’s bad-structured and hard to read; it’s highly recommended to put essential details in bold. As a rule, all release agreements will be considered invalid if signed by a minor or individual lacking the mental capacity. In these cases, the release document should be signed by a parent or legal guardian.

Can a Mutual Release Provide Compensation?

Yes, it can. For example, in a car accident, both parties may be at fault, but only one of them gets damaged. If they decide to reconcile without court involvement, the injured party may get some compensation, such as shared repair works or money to address the appropriate services. As with other types of release, the mutual release provides compensation for only one party.

Published: May 22, 2022