Accidents happen, not because we want to but because they just do. Sometimes accidents could have been avoided if people took precautions while some accidents were going to happen regardless of the precautions.

As an accident or loss-prone organization such as concerts, sporting events, conferences, fundraisers, etc., you must proactively manage risk. A liability waiver allows you to manage your risks by informing participants in your event or using your property that you will not accept liability for accidents, injuries, damages, or losses that occur when they engage in certain activities in the event.

So, let’s talk about why you need liability waiver forms, how to create one, and a free template to get you started.

What Is Liability Waiver Form

The liability waiver form educates participants about the potential risks associated with an event or activity. It also absolves the person or organization hosting the event or activity from liability for specific risks that may occur during the event, activity, or transaction.

When participants sign the liability waiver form, they accept the risks associated with the activities or services. This means they have waived their right to sue you, the organization, or the person providing the service or activity for any injuries or damages that may occur. 

The liability waiver form safeguards you from expensive lawsuits in the event of an accident or injury. However, liability waiver forms don’t exist so you can be unethical. Suppose participants challenge your liability waiver in court because it’s unclear, misrepresented risk, or you’re taking advantage of the victims. In that case, your waiver won’t hold up in court and you’ll be held accountable for your actions or negligence.

Importance of Having Participants Sign Liability Waiver Before Engaging in Certain Activities or Events

While liability waivers don’t protect you 100% against every claim, they are important for risk management. Liability waivers help protect you from claims resulting from accidents, injuries, or losses beyond your control. So, here are the top reasons you should always use a liability waiver:

• Risk Acknowledgement: When participants sign a liability waiver, they signify that they are aware of the risks associated with the event and cannot hold the organizer liable for any injuries or damages that may arise from their participation. This transfer of responsibility helps to reduce the risk of legal action and discourages risky behavior on the part of participants.
• Promotes Safety: Liability waivers help to ensure safety by making sure that participants know exactly what the activity is and the risks associated with it.
• Prevents Financial Loss: Liability waivers help you avoid financial loss resulting from settlements or damages to participants. But keep in mind that a liability waiver cannot protect you from damages due to gross negligence or intentional misconduct.
• Reputation Protection: You don’t just lose money after losing a liability suit, you could also lose your reputation as a business. This means you have to spend more money (after losing some of it) to rebuild your reputation, you could also lose business partners, customers, or even friends and family.

What Should You Include in a Liability Waiver Form?

A liability waiver form should include these key elements:

• Parties Involved: The liability waiver form should identify the parties involved, typically referred to as the ‘Releasor’ and the ‘Releasee’. The Releasor is the person who promises not to sue or take any legal action against the owner or organizer of the event or activity being attended. the Releasee is the owner or organizer who is at risk of being sued.
• Date of the Agreement: The form should also specify the effective date, indicating when the agreement takes effect. This is important for establishing the timeframe during which the waiver is applicable
• Risks Involved:  The waiver should also include a risk statement outlining the specific risks associated with the event/activity. The risk statement should explicitly state that the participant voluntarily participates in the event/activity and is fully aware of the risks involved.
• Scope of Waiver Clause: This is a statement indicating that the releasor is waiving the releasee’s liability for specific injuries or damages resulting from their involvement in the activity or event.
• Indemnity Clause: This clause protects you from third-party claims brought by the releasor’s family members or estate should an incident occur.
• Severability clause:  This guarantees that if any part of a waiver is deemed invalid, the rest of the waiver remains valid, ensuring that the remaining provisions remain enforceable. For example, if part of the waiver for natural disaster damage repair to your property is deemed invalid, it doesn’t mean damage by arson will be invalid.
• Signature:  The waiver should be signed and dated by the releasor to signify their agreement with the terms of the liability waiver and make the agreement legally binding.

Example of a Liability Waiver Form

Regardless of the industry, the main goal of every liability waiver form is to protect you the provider of a service/product from being held responsible for accident, loss, injury, or damage that may occur due to unsafe practices or neglectful behavior. As a result, most liability waiver forms are very similar, the only major difference is the specification of the service, activity, or event.

Let’s look at a great examples of what a liability form should look like:

Depending on your industry, you can customize this liability waiver form to fit your services or property. After customizing this template you either choose to share it with participants via email, or QR code, embed it on your company website, or download a physical copy and share it with them at a venue.

Conclusion

Lability waiver forms create a legal shield for you, the releasee, while informing the releasor of their rights and the nature of the agreement they are entering into. Also, your waiver form must be clear, concise, and compliant with all relevant laws for it to be legally binding.

We hope this guide has helped identify the need to protect yourself or your organization from liability claims. Get started with this liability waiver form template!