Doing business comes with potential legal risks. You never know when something might go wrong, and someone gets injured. That’s why it’s important to have liability waiver forms in place. This document will release you from any legal liability if someone gets hurt while participating in an activity related to your company.
In this article, we’ll discuss a liability waiver form and how to make one for your business. We’ll also provide a guide on creating liability and waiver forms for all activities!
What is a Release of Liability Form?
A release of liability form, also known as a liability waiver form, is a contract between two parties. In its most general sense, a liability waiver form protects the individual or company from liability if someone is injured while participating in an activity related to the business.
For example, if you own a gym and someone gets injured while working out, you could be sued for negligence. However, if they had signed a liability waiver form beforehand, you would not be held liable for their injuries.
Liability waiver forms are not just for gyms and sports-related businesses. Any company with customers or clients participating in activities on their premises should have a liability waiver form. Some good examples include:
- Trampoline parks
- Rock climbing walls
- Escape rooms
- Amusement parks
- Movie theaters
- Concert venues
Types of Liability Waiver Forms
A release or waiver form is usually needed before or after an incident occurs. People running businesses are concerned about any legal actions that might be taken against them. To protect themselves, they will often require liability waiver forms to be signed before someone can participate in an activity. There are six types of liability waiver forms:
This type of liability waiver form is the most common. It releases a company or individual from liability for any personal injury during activity. It also covers broad claims filed in the most common dispute types, including property damage and personal injury. While it may be the most basic type of liability waiver, it’s also very flexible and comprehensive that you can use it for various activities.
A mutual release form is when both parties agree to waive liability for any claims that could have been made against them. This form is often used in business partnerships or relationships where both sides participate in an activity and could be held liable for any damages.
Automobile Accident Release
In the case of car accidents, the parties involved can decide to use this form once they agree to sue one another. The party that was injured or received damage to their vehicle can decide to either waive liability or agree not to take legal action. In return, both parties can avoid the hassle of going to court.
Damage to Property Release
This document is used when a real property like a building, piece of land, or personal property is harmed and the parties decide to settle the dispute without going to court. The party attempting to compensate the other for property damages can use this document so that the property owner won’t be able to ask for more money in the future.
Personal Injury Release
A personal injury liability waiver form is used when one party wants to waive their right to sue for injuries sustained during activity. This is common in activities where there is a risk of injuries, such as contact sports or extreme sports. This could also apply to residential settings where a dog ran into the neighbor’s yard and bit them in the arm.
Waiver for Participation in an Activity or Event
Finally, this liability waiver form is used for events or activities where participants are engaging in something that could be dangerous. For example, a skydiving company will require all customers to sign a waiver form before they go on a jump. This protects the company if the customer is injured while participating in the activity.
Consequences of Not Using a Waiver Form
If you are running a business, it’s important to have liability waiver forms for customers or clients to sign. You could be held liable if you don’t have a waiver form and someone is injured on your premises. This means that you would have to pay for their medical bills, lost wages, and any other damages that were incurred.
In some cases, you could also be sued for punitive damages. This damage is awarded to the plaintiff to punish the defendant for negligence.
What’s Included in a Release of Liability Form?
A simple liability waiver form should generally address the following fundamentals:
- Who: promises not to pursue legal action against another part.
- What: the condition is given (monetary or other terms) in exchange for the promise.
- When: the date when the document takes effect, usually before the activity occurs.
- How: neither party admits that they acted wrongfully by signing the waiver.
A waiver form can also address incidents that have already occurred in the past or may happen in the future, given the inherent riskiness of the activity.
A liability form will also include one of the following provisions:
- Assumption of Risk: The signer acknowledges the risk of injury involved in the activity and agrees to participate anyway.
- Indemnification: The signer agrees to hold harmless and compensate the other party for any liability they may incur.
- Insurance: The signer must maintain liability insurance to cover any damages.
- Medical Treatment: The signer agrees to receive medical treatment if they are injured during the activity.
- Modifications: Both parties agree that the terms of the waiver may be modified at any time.
- No Admission: Both parties agree that the act of signing the waiver does not admit liability in any way.
- Parent or Guardian Signature: Minors under 18 must have a parent or guardian sign the waiver on their behalf.
- Right to Attorney: Everyone understands they have the right to seek legal counsel before signing the waiver.
Creating a Release of Liability Form
If you need to create your liability waiver form, here are a few steps that will help make your form clear, concise, and legally binding:
Step 1: Releasor and Releasee Details
The first step is to identify the releasor and releasee. The releasor is the party who will be waiving their liability, and the Release is the party who will be protected from liability. In most cases, the releasor is an individual, and the Release is a business.
Step 2: Release of Claims
Provide the specific claims that are being released. These could include personal injury, property damage, or wrongful death. You can also release liability for indirect damages, such as lost wages or emotional distress.
Step 3: Governing State
Name the state whose laws will govern the liability waiver form. This is typically the state where the activity will take place or the state where the releasor resides.
Step 4: Signatures
Name witnesses to the execution of this Release and have them sign the form as well. Including the signature of a witness or notary is optional but may help to prove the validity of the waiver in court. The releasor should sign and date the form. If the releasor is a minor, a parent or guardian should sign on their behalf.
Use DATAMYTE To Write Your Waiver Forms
If you want a way to make waiting for liability waiver forms easier and more convenient, use DATAMYTE. Our Digital Clipboard software is equipped with a smart form builder that makes creating any form easier, more convenient, and faster.
With our easy-to-use drag-and-drop interface, you can add any form field you need to create a liability waiver form. You can also add e-signatures, photos, and GPS location data.
Once you’ve created your liability waiver form, you can share it with others via email or text message. You can also save it as a PDF or print it out for paper records.
Book a demo with us today to learn more about how DATAMYTE can help you create liability waiver forms. Then, we’ll be happy to answer any of your questions.
Making a liability waiver form is not as difficult as it may seem. By following the steps above, you can create a clear, concise, and legally binding form. And with DATAMYTE’s smart form builder, you can make the process even easier. So why wait? Get started today!