A release of liability is a document that can provide peace of mind to both the service provider and the customer. This document releases the service provider from any legal responsibility in the event that an injury or accident occurs. It is important to include specific language in your release of liability, so that both parties understand their rights and responsibilities. In this blog post, we will discuss what a release of liability is, what should be included in it, and provide a free sample for you to use!
What Is a Release of Liability and Why Do You Need One?
A release of liability waiver is a legal document that protects you from being sued for damages if someone gets injured while on your property.
For example, let’s say you own a trampoline park and someone comes in and slips on the floor, fracturing their arm. If you have a release of liability waiver in place, the injured person can’t sue you for their medical bills and lost wages.
Release of liability waivers are also known as hold harmless agreements, assumption of risk forms, and indemnity agreements.
There are many benefits to having a release of liability form, including:
- It limits your financial exposure if someone gets injured while on your property.
- It can help you avoid costly lawsuits.
- It can protect your business from being held liable for someone’s injuries.
Types of Release of Liability Forms
There are two types of release of liability forms:
- A general release of liability form covers all activities that take place on your property.
- A specific release of liability form only covers one activity, such as skydiving or bungee jumping.
What Should Be Included in Your Release of Liability Form?
When creating a release of liability form, there are a few key elements that you’ll want to include:
- The date of the agreement.
- The name and contact information of the releasing party (you).
- The name and contact information of the released party (the injured person).
- A description of the activity or event that is being released.
- A statement that releases you from all liability for any injuries that may occur during the activity or event.
- An acknowledgment that the person signing the agreement is waiving their right to sue you for any injuries they may sustain.
- A signature from both parties.
When to Use a Release of Liability Form?
There are a few situations where you will definitely need to have release of liability forms signed. Any time you are hosting an event where people will be participating in activities that could potentially lead to injury, you should have release of liability forms on hand. This includes things like:
- Sporting events
- Concerts or other live music events
- Festivals or fairs
- Paintballing, go-karting, and other adventure activities
- Bungee jumping
- Skydiving
If you run a gym, studio, or any other type of business where customers come to participate in activities that could lead to injury, you should also have release of liability forms. This is common in places like:
- Yoga studios
- Crossfit gyms
- Boxing or kickboxing classes
- Trampoline parks
Release of liability forms protect you from being sued in the event that someone is injured while participating in an activity on your property. It is important to note that these forms will not protect you if someone is injured due to your negligence. For example, if you fail to properly maintain your equipment and someone is injured as a result, a release of liability form will not protect you from being sued.
If you are hosting an event or running a business where people could be injured, it is important to have release of liability forms signed. These forms will not protect you from all lawsuits, but they will protect you from many. If you are ever sued, having a release of liability form signed by the person who was injured can be helpful in getting the case dismissed.
Sample
This is a sample release of liability form. This form is to be used as a template and can be modified to fit your specific needs.
I, ______________________________, do hereby release and discharge ______________________________, their officers, employees, agents and volunteers from any and all claims for damages for personal injury or property damage which I may have or which may hereafter accrue to me as a result of my participation in any activities conducted by ______________________________. I understand that there are risks inherent in participating in these activities and I assume all such risks. I further agree to indemnify and hold harmless ______________________________ from any and all liabilities arising out of or related to my participation in these activities, even if such liabilities arise out of the negligence or other fault of ______________________________. This agreement shall be binding upon me and my heirs, successors, assigns and representatives. If any portion of this agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions shall remain in full force and effect. I have read this agreement carefully and fully understand its contents. I am aware that this is a release of liability and a contract between myself and ______________________________and sign it of my own free will. Date: ___________________ Signature: _____________________________________________ Witness: _______________________________________________ Printed Name: __________________________________________ Relationship to Participant: ___________________________ Address: __________________________________ City/State/Zip: ___________________________