Recreational activities carry a degree of risk that you must account for. This means it’s vital you put together the right release of liability form. In this blog post, we’ll walk you through these documents and the fine print underpinning their use.
When To Use a Release of Liability Form
In nearly any industry, waivers help two parties avoid a long legal battle. This might be to allow a media company to use a model’s image. It might even settle a car accident without further legal recourse.
Generally, if there’s any risk of legal action, a waiver is absolutely essential. But there’s also the risk of harm to at least one party. Recreational activities, such as sports, often lead to injuries. A form can help you arrange these events and activities with no lawsuit worries.
Liability is ultimately about your (and your company’s) responsibility. Without the right document, someone who injures themselves on your property can sue for damages even if they were fully aware of the risks in the first place.
With this in mind, here are just a few recreational settings that need these forms:
- “Adventure” and extreme sports.
- Martial arts and fitness classes.
- Organized contact sports leagues.
- School visits to amusement parks.
- Summer and wilderness camps.
- Renting complex sports equipment.
The Need for Specific Language in Waivers
Your waiver must be clear and direct. The person signing must be able to understand each and every point. Complex legal jargon can leave you liable for damages. On top of this, a “releasor” must have a chance to ask questions.
Some waivers only come into effect after an injury takes place. In these circumstances, it should fully outline any compensation the releasor will receive. Hundreds of US laws currently show the need for plain-language contracts.
An online waiver template sets out every field in plain terms. You can then distribute this to your customers or anyone opening a dispute. There will be no room for misinterpretation, and they’ll know exactly what they’re signing.
Navigating the Assumption of Risk
In any setting, waivers operate under the assumption of risk. The “releasee” must inform signing parties about an activity’s risks. In many cases, these will be apparent and obvious. But it’s vital to get confirmation from the signer that they know the risks.
Recreational activities can easily lead to minor or even major injuries. These can happen even if every party follows the right rules. In contact sports, for example, players may be crashing into each other constantly. Understanding these risks is a key part of “tort law,” which deals with civil wrongs and injuries.
The waiver must again be very specific yet use plain language. These documents don’t include risks that nobody reasonably expects. For example, a climber may fall due to a faulty harness or other piece of equipment. Waivers cannot excuse the company in these situations.
Writing a Legally Binding Release Form
In addition to plain, specific language, waivers carry a number of extra requirements. There are also certain state laws to take into account. For example, New York’s General Obligations Law § 5-326. This forbids these waivers from covering recreational activities with an admissions fee.
Looking more generally at how to structure a liability release form, an online template can again help. These come with every field your form needs, including:
- Your full name and business information.
- The releasor’s full name.
- When the waiver takes effect.
- Details of potential compensation.
- A note of which state governs the form.
- Full details of the activity and its risks.
- A release clause that limits liability.
You can adapt these forms to fit your specific situation. For example, a severability clause helps guarantee the document remains mostly in effect even if one part is unenforceable. If you mainly provide activities to children, specify that the signatures are for parents or guardians.
When Waivers Won’t Work
These documents don’t cover everything. In fact, the wrong approach covers nothing at all. For example, if you or your staff pressure someone into signing, the document is invalid. Similarly, if they didn’t understand the risks, they cannot consent to them.
Some states rarely enforce these waivers. Louisiana, Montana, and Virginia actually reject them in most situations. In California, faulty products also don’t fall under the document’s protection. It is essential that you check your state’s specific rulings. This helps you see just how much your waivers cover.
No waiver can protect against gross negligence. Any violation of public policy will automatically void the document, even if the releasor fully agrees. Only use a release of liability form if you’re able to fulfill your core responsibilities.
Conclusion
Only a legally binding, good-faith waiver can protect your business from liability. This allows you to arrange recreational activities for customers with full peace of mind. Always use a reputable online template to make sure your waiver stands up in court.
