ContractsCounsel Logo

Draft Liability Waiver

Updated: March 28, 2023
Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 10,692 reviews
No Upfront Payment Required, Pay Only If You Hire.
Home Blog Draft Liability Waiver

Jump to Section

What Does It Mean to Draft a Liability Waiver?

A liability waiver is a binding contract between two parties that protects against risks in a given activity. The release of liability agreement, also known as a hold harmless agreement, outlines terms and conditions to protect a company from being sued over losses and injuries users sustain while using their products or services.

The liability waiver protects companies from consequences associated with inherent risks — these are risks that naturally arise from performing a behavior or using a product.

Imagine you want to sign up for ice skating lessons. An ice-skating rink may have you sign a release of liability waiver not to hold them responsible for injuries you sustain while ice skating.

The inherent risks of ice skating are ones you choose to take by participating in the activity, and the consequences of those risks are not the fault of the coach or ice-skating rink.

Here is an article that defines a liability waiver in more detail.

What is the Purpose of a Liability Waiver?

Liability waivers protect companies from being held accountable if a participant in an activity or operator of a product is harmed by its inherent risks.

If someone attends a yoga studio, then there are risks they may face by performing yoga on the premises. For example, they could slip and fall, hurt their backs or necks during practice, or sustain another type of injury.

A liability waiver would prevent teachers and the studio from being held responsible if a student gets hurt from pushing themselves too far or having an accident on site.

The important distinction of a liability waiver is that it protects against normal risks associated with the given activity or product. You cannot use a liability waiver to absolve you or an employee from legal responsibility in cases of direct harm.

Choosing what to include in a liability waiver is often confusing for businesses. The best way to assess your risks is to consider what accidents and injuries are most likely to occur from performing an activity you offer participants.

Consider how someone may be hurt using a product or machinery and how their actions could injure them. Slip and fall injuries, for example, can occur at no fault of the company. Still, without a liability waiver, they could face a lawsuit for a person’s medical bills because the injury occurred on their property.

Here is an article with more information on the release of liability works.

Meet some lawyers on our platform

Nicholas M.

48 projects on CC
CC verified
View Profile

Sara S.

124 projects on CC
CC verified
View Profile

Samuel R.

65 projects on CC
CC verified
View Profile

Forest H.

202 projects on CC
CC verified
View Profile

What Should Be Included in a Liability Waiver?

There are several key elements to every good liability waiver. Make sure that you include these in yours to ensure it is both legally binding and comprehensive.

  • Inherent risks. Outline the risks associated with the product or service, such as driving a car or dancing at a dance studio. Specify the risks that participants willfully and knowingly assume the risk of participating in your activities. Remember that acts of gross negligence or deliberate harm are not covered under liability clauses.
  • Assumption of risk. One of the most important elements of a release of liability waiver is the participant's assumption of risk. By signing the waiver, they acknowledge that the choice to participate is entirely their own and has not been made under coercion or duress. They understand their risks by participating in an activity or using a product. They will not hold the company accountable for damages or losses from those risks.
  • Liability release or hold harmless clause. The final provision of a liability release waiver states that the company is not to be held responsible for accidents, injuries, damages, or other losses resulting from the inherent risks outlined in the waiver. Signing the document means that the other party willingly gives up their rights to sue your company should any of these occur.

Here is an article where you can learn more about how to write a liability waiver.

Who Drafts a Liability Waiver?

You can use a release of liability agreement template or reach out to a professional lawyer to draft a waiver for you. If you are drafting the waiver independently, it is important to research liability laws in your state. Make sure you are fully aware of your rights and limitations and the terms and conditions you must follow.

A business lawyer can help you draft a thorough liability waiver unique to your circumstances. Because every industry or company has risks, it’s best to ensure you are as thorough and detailed as possible to avoid future lawsuits.

Here is an article with 5 tips on choosing a business lawyer for your company’s needs.

How Do You Write a Liability Waiver?

You can start writing a liability waiver by doing the following:

  • Identify your risks. Risks vary by business, so you should research your own and recognize your company's inherent risks. For example, a music studio's owners have more inherent risks than owners of bungee jumping companies. One way to learn is to review liability waivers from other companies.
  • Draft your waiver. Research the parts of a liability waiver, such as indemnification and liability release. You can use an online template or write your own, but make sure you use the appropriate format and legal terms to protect your business entirely.
  • Submit to a business lawyer for review. Suppose you’re set on writing a liability waiver yourself. In that case, you should submit your draft to a licensed attorney to review. They can make suggestions or revise your document to ensure it fully protects your business and complies with all relevant laws and regulations.

Make sure that you use clear, simple language throughout the waiver. While accuracy is important, simplicity is just as essential. An overcomplicated or high-level legal waiver could be contested in court because a defendant can claim they could not understand their rights when signing the agreement.

In addition, make sure you note both the party’s assumption of risk and your company’s release of liability. These are the two most important aspects of any liability release.

Here is an article that covers the key components of any liability waiver.

How Much Does it Cost to Draft a Liability Waiver?

ContractsCounsel’s marketplace data reveals that the average liability waiver cost ranges from $700 to $2000. Of course, the cost of your waiver will depend on where you live, the complexity of your waiver, and the size of the law firm you work with.

Generally, larger law firms with more experienced backgrounds or reputations charge higher prices. However, you can compare different lawyers’ bids on ContractsCounsel to get the best deal for your needs.

Post a project in ContractsCounsel’s marketplace to receive flat fee bids from lawyers for your project. All lawyers have been vetted by our team and peer-reviewed by our customers for you to explore before hiring.

Need help with a Liability Waiver?

Create a free project posting

Meet some of our Lawyers

Ralph S. on ContractsCounsel
View Ralph
5.0 (4)
Member Since:
October 31, 2021

Ralph S.

Attorney
Free Consultation
Gainesville FL
13 Yrs Experience
Licensed in DC, FL, MA
University of Florida Levin College of Law

Ralph graduated from University of Florida with his JD as well as an LLM in Comparative Law. He has a Master's in Law from Warsaw University , Poland (summa cum laude) and holds a diploma in English and European Law from Cambridge Board of Continuous Education. Ralph concentrates on business entity formation, both for profit and non profit and was trained in legal drafting. In his practice he primarily assists small to medium sized startups and writes tailor made contracts as he runs one of Florida disability non profits at the same time. T l Licensed. in Florida Massachusetts and Washington DC this attorney speaks Polish.

Ryenne S. on ContractsCounsel
View Ryenne
4.9 (371)
Member Since:
October 11, 2022

Ryenne S.

Principal Attorney
Free Consultation
Chicago, IL
14 Yrs Experience
Licensed in IL
DePaul University College of Law

My name is Ryenne Shaw and I help business owners build businesses that operate as assets instead of liabilities, increase in value over time and build wealth. My areas of expertise include corporate formation and business structure, contract law, employment/labor law, business risk and compliance and intellectual property. I also serve as outside general counsel to several businesses across various industries nationally. I spent most of my early legal career assisting C.E.O.s, General Counsel, and in-house legal counsel of both large and smaller corporations in minimizing liability, protecting business assets and maximizing profits. While working with many of these entities, I realized that smaller entities are often underserved. I saw that smaller business owners weren’t receiving the same level of legal support larger corporations relied upon to grow and sustain. I knew this was a major contributor to the ceiling that most small businesses hit before they’ve even scratched the surface of their potential. And I knew at that moment that all of this lack of knowledge and support was creating a huge wealth gap. After over ten years of legal experience, I started my law firm to provide the legal support small to mid-sized business owners and entrepreneurs need to grow and protect their brands, businesses, and assets. I have a passion for helping small to mid-sized businesses and startups grow into wealth-building assets by leveraging the same legal strategies large corporations have used for years to create real wealth. I enjoy connecting with my clients, learning about their visions and identifying ways to protect and maximize the reach, value and impact of their businesses. I am a strong legal writer with extensive litigation experience, including both federal and state (and administratively), which brings another element to every contract I prepare and the overall counsel and value I provide. Some of my recent projects include: - Negotiating & Drafting Commercial Lease Agreements - Drafting Trademark Licensing Agreements - Drafting Ambassador and Influencer Agreements - Drafting Collaboration Agreements - Drafting Service Agreements for service-providers, coaches and consultants - Drafting Master Service Agreements and SOWs - Drafting Terms of Service and Privacy Policies - Preparing policies and procedures for businesses in highly regulated industries - Drafting Employee Handbooks, Standard Operations and Procedures (SOPs) manuals, employment agreements - Creating Employer-employee infrastructure to ensure business compliance with employment and labor laws - Drafting Independent Contractor Agreements and Non-Disclosure/Non-Competition/Non-Solicitation Agreements - Conducting Federal Trademark Searches and filing trademark applications - Preparing Trademark Opinion Letters after conducting appropriate legal research - Drafting Letters of Opinion for Small Business Loans - Drafting and Responding to Cease and Desist Letters I service clients throughout the United States across a broad range of industries.

Michael M. on ContractsCounsel
View Michael
4.9 (293)
Member Since:
September 10, 2022

Michael M.

Principal
Free Consultation
Los Angeles, CA
37 Yrs Experience
Licensed in CA
NYU

www.linkedin/in/michaelbmiller I am an experienced contracts professional having practiced nearly 3 decades in the areas of corporate, mergers and acquisitions, technology, start-up, intellectual property, real estate, employment law as well as informal dispute resolution. I enjoy providing a cost effective, high quality, timely solution with patience and empathy regarding client needs. I graduated from NYU Law School and attended Rutgers College and the London School of Economics as an undergraduate. I have worked at top Wall Street firms, top regional firms and have long term experience in my own practice. I would welcome the opportunity to be of service to you as a trusted fiduciary. In 2022 I was the top ranked attorney on the Contract Counsel site based upon number of clients, quality of work and top reviews.

Laura B. on ContractsCounsel
View Laura
5.0 (5)
Member Since:
October 6, 2023

Laura B.

Attorney
Free Consultation
Oakland, CA
3 Yrs Experience
Licensed in CA
UC Davis School of Law

I received my undergraduate degree from Columbia University and my JD from UC Davis School of Law. I specialize in drafting, reviewing, and litigating contracts, general civil litigation, restraining orders, and family law. I have helped entrepreneurs form their business entities and grow their small businesses. This area of my practice has focused heavily on YouTubers, podcasters, and individuals creating unique online platforms. In the family law context, I have helped my clients petition for and obtain custody of their children and modify existing custody arrangements.

Kelynn P. on ContractsCounsel
View Kelynn
5.0 (1)
Member Since:
August 29, 2023

Kelynn P.

Attorney
Free Consultation
Washington, DC
6 Yrs Experience
Licensed in OH
Cleveland State School of Law

Kelynn was born and raised in Cleveland, Ohio. She attended Spelman College in Atlanta, Georgia where she earned a Bachelor of Arts in Philosophy, and thereafter returned to Cleveland for law school . She earned her Juris Doctor at Cleveland State University - Cleveland Marshall College of Law. She primarily practices insurance defense and civil litigation. She has also practiced in a variety of other areas including family law, contract disputes, contract review, complex civil litigation, medical malpractice, products liability, and mass tort.

Steven G. on ContractsCounsel
View Steven
Member Since:
August 29, 2023

Steven G.

Attorney
Free Consultation
Cleveland, Ohio
15 Yrs Experience
Licensed in OH
Case Western Reserve University

I am an experienced transactional and trial attorney that litigates throughout Ohio. I have successfully tried numerous jury trials for clients from business disputes to those charged with offenses ranging from domestic violence to aggravated murder. My cases have been featured in the media, both television and print.

Eddy M. on ContractsCounsel
View Eddy
Member Since:
August 30, 2023

Eddy M.

Business Lawyer
Free Consultation
San Diego and Taipei
30 Yrs Experience
Licensed in CA
University of Michigan Law School

I'm a seasoned corporate lawyer with industry expertise in online games, media & entertainment and general commercial matters, gained from servicing clients from seed-stage startups to multi-nationals. I started my career at a Wall Street law firm before moving to in-house roles with media, tech and gaming companies. I also have management experience in building and managing teams and businesses. In these different roles, I have worked and am an expert on multi-million dollar transactions for large companies (M&A, joint ventures) as well as routine day-to-day matters for small businesses (NDAs, vendor services agreements, commercial leases, employment contracts). But no matter the size of the company or project, the constants that I bring to every project are to provide outstanding client service, find practical solutions, and abide by the highest standards of ethics and integrity.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Liability Waiver?

Create a free project posting
CONTRACT LAWYERS BY TOP CITIES
See All Business Lawyers
DRAFT LIABILITY WAIVER LAWYERS BY CITY
See All Draft Liability Waiver Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a Liability Waiver?

Create a free project posting

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city