Free Liability Waiver

A liability waiver is an agreement between two parties releasing one of them from being liable for any harm that may occur as a result of physical activities.

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Whenever your company or organization hosts events involving physical activities, you want many people to take part.

On the other hand, accidents can happen even if you have done your best in providing the right equipment, instructors, and every possible precaution. To protect both your company and its employees, you should ask participants to sign a Liability Waiver.

What Is a Liability Waiver?

A Liability Waiver is a legal document signed by two parties, a company organizing a sporting event and a participant that wishes to participate in said event. It's a way for the company to protect itself from being legally responsible for any accidents or injuries. Since people of varying physical preparedness take part in these activities, accidents can happen.

By signing this document, the participants agree that they are aware of the risks involved and possible injuries that might happen and willingly agree not to make liability claims against the other party. Moreover, they understand they should consult their physician before any unusual physical activity. If they are to become injured, they agree to take full responsibility. This means the organization hosting the event will not be responsible for any accidental harm.

If your organization is sponsoring or organizing any such event, getting the participants to sign a Liability Waiver is necessary. You still have to do your due diligence, such as not knowingly provide faulty equipment that may significantly reduce the chances of the waiver holding up in court.

Other Names for a Liability Waiver

Depending on your state, a Liability Waiver may also be known as:

  • Indemnity agreement

  • Release of liability

  • Waiver

  • Waiver of rights

  • Waiver of liability

  • Hold harmless agreement

  • Assumption agreement

  • Pre-injury release

  • Exculpatory agreement

  • Assumption of risk

Who Needs a Liability Waiver?

Let's say you're an online physical trainer, and your student twists an ankle during an online class. People can injure themselves despite your best advice and precautions and could potentially sue you for negligence. There is a way to protect yourself.

Any company, organization, or individual providing, hosting, or sponsoring events involving potentially risky physical activities should prepare a Liability Waiver. Gyms, sports centers, extreme sports companies, and even online fitness coaches should prepare such a document.

Before any physical activity, you want to ask the participants or clients to sign a Liability Waiver. By doing so, they agree that they will not make liability claims against you should an accident and injury happen.

Why Use 360 Legal Forms for Your Liability Waiver?

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Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Liability Waiver.

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All you have to do is fill out a simple questionnaire, print, and sign. No printer? No worries. You and other parties can even sign online.

How to Create a Liability Waiver with 360 Legal Forms

If you're considering getting a Liability Waiver, don't stress. You need to prepare this document before urging anybody to participate in any physical activity.

Let 360 Legal Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Liability Waiver?

To create your document, please provide:

  • Personal information: The identity of your company and the person who is signing the waiver.

  • Risk involved: Clearly state why certain physical activities are dangerous and inform the releasor so that they can decide whether they still want to participate.

  • Assumption of risk: Include a statement that reminds the releasor of the risks involved.

  • Effective date: The date that this document becomes valid.

Liability Waiver Terms

  • Releasor: The party agreeing to not take any legal action against the other party in accepting the risk of physical activity.

  • Releasee: The party organizing a sports-related activity that is at risk of getting sued.

  • Hold harmless agreement: The releasor agrees not to hold the releasee responsible for any injury resulting from participating in the activity.

  • Medical consent: In the context of a Liability Waiver, this is a consent on the part of the releaser to pay for their own medical expenses that participating in the risk-associated activity may incur.

Liability Waiver Signing Requirements

A Liability Waiver is consummated with the signatures of the two parties. If one of them is a company, an authorized representative's name and title are needed. Since the document has to be notarized in some states, the agreement's location can also be specified here.

What to Do with Your Liability Waiver?

After creating a Liability Waiver on 360 Legal Forms, you should print multiple copies for participants before any activity. You should keep the signed waivers for at least three years after the end of the activity. If you are entering into a waiver with a minor, you should keep it for the greater of three years or until the minor turns 20.

Frequently Asked Questions

A Liability Waiver is a necessary document for any business that organizes physical and recreational activities. It’s especially crucial if your company provides activities that carry a risk of injury. These include a gym, sports center, diving school, rock-climbing center, etc. Even if you are a personal fitness trainer, you need this document. In essence, any business that offers services that come with injury risks should have a Liability Waiver. This document will relieve you of responsibility in the event of accidents.

Of course! A Liability Waiver protects your business from being held liable for any injuries or damages that a participant of activity might sustain. However, check your state’s laws because there are different rules regarding Liability Waivers. This means that in some parts of the country, a Liability Waiver may get overturned under certain circumstances. Always make sure that you know and understand the laws that govern this document.

Since minors are not considered legally competent, they cannot sign a Liability Waiver. But if they still want to participate in an activity, then their parent or guardian should sign it. All Liability Waivers should be kept for at least three years after the event or until the minors involved turn 20 years of age. Just be aware that some state does not allow parents to sign the document in their child’s place.

In short, yes. Although attorneys don’t have to be present when you sign the document, it’s still legally binding. However, it must be properly written and not in violation of any laws to be enforceable. When creating a Liability Waiver, make sure that it specifies all possible risks of injury, which will enhance the odds of the waiver standing up to the test of law.

This can be difficult to answer. Generally speaking, signing a Liability Waiver means a client agrees not to sue you if they get hurt while participating in a sports-related activity provided by your company. However, if they can prove that the language used in the Liability Waiver is ambiguous, or if there was gross negligence, then some states will allow the client to file a civil suit. You should check with an attorney licensed to practice law in the state where the document was executed.

Generally, you don’t have to notarize your Liability Waiver, but this may depend on the state and circumstances.