Waiver and Release Templates

What is a waiver and release form? These are legal documents used in consumer and employment law that help to release a party from liability if the signing party suffers an injury or loss. They can be individual documents or be clauses in contracts. It’s an agreement that can be included in everything from buying a car to participating in a recreational activity.

Understanding a Waiver and Release Agreement

So what is a waiver and release form, and who does it protect? These legal documents are binding contracts that involve one party (the signer) relinquishing their rights to hold another party liable for injuries or other losses. It can help protect businesses from lawsuits based on negligence.

At the same time, they help to advise the signer of any potential risks so that they know what to expect when they sign. It’s a document that helps to protect both parties.

When to Use a Waiver and Release

Waiver and release forms are helpful in many situations. They’re useful when pursuing recreational activities, like signing up for gyms or beginning martial arts classes, as well as for adventure activities like skydiving.

Businesses that offer events or that rely on facilities (like theme parks) also use these documents to protect themselves from liability in lawsuits. There are also waiver and release forms for media production. These allow the company to use the person’s likeness without fearing legal repercussions.

How to Write a Waiver and Release

A waiver and release form has to clearly identify the specific risks involved with the activity. Add a description of what the activity will involve and a statement where the participant acknowledges they understand and accept the risks. It will be necessary to include the state or jurisdiction that will interpret the contract. Following a step-by-step guide on how to write a liability waiver keeps any of those pieces from being left out.

It’s important to note that the agreement can only outline valid risks. Generally, waivers cannot protect a party from liability for intentional torts or gross negligence. Those exceptions are a large part of when a liability waiver is enforceable.

An intentional tort happens when the underlying act was deliberate. For example, an activity waiver probably wouldn’t protect a skydiving operator from claims that an instructor deliberately sabotaged a parachute to harm a student.

Gross negligence is more serious than ordinary negligence. New Jersey’s jury instructions, for instance, define gross negligence as an act or omission that creates an unreasonable risk due to a failure to exercise even slight care.

This means a skydiving operator might be grossly negligent if it allowed an instructor to take students on jumps despite knowing that the instructor had previously tried to sabotage a student’s parachute.

Waiver vs. Release: Key Differences

A waiver is a voluntary surrender of a known right. These are documents that are typically signed before an activity occurs. A release, on the other hand, is a document that usually comes after an incident has occurred. It functions as a contract that states the signer will not take legal action against the other party.

One way to understand the difference is with an example. A concert promoter might ask all audience members to sign a waiver, acknowledging that the concert may be filmed and agreeing to waive the right to seek payment if their image is used.

Conversely, after a concert is filmed, the production company might ask those photographed to sign a photo release form. This agreement releases the person’s right to block the use of their image or receive compensation.

Since releases are used to surrender legal claims, they are often included in settlement agreements. The average personal injury settlement contract involves an exchange of money for a release of claims. Specifically, the at-fault party or their insurer pays the victim, and the victim signs a release agreeing to drop their personal injury case.

However, it is also worth noting that the differences between a waiver and a release are not fixed. Many parties, lawyers and judges use these terms interchangeably.

Contracts That Commonly Include This Clause

Numerous types of contracts could rely on these clauses. As a business, it’s important to know how to:

• Create a general release of liability
• Draft an activity waiver and release
• Prepare a mutual release of liability

The most common contracts that include these clauses are employment, service, event participation, rental and settlement agreements. There are also media and property releases. Each of these leans on one of the common types of waiver and release form.

Protecting Your Rights With Appropriate Contracts

At ConsumerShield, we offer waiver and release form assistance to help protect yourself and your business from liability. Get access to the right forms with our help.