ContractsCounsel Logo
Home Blog How To Write a Liability Waiver: 4 Steps to Follow

Jump to Section

What is a Written Liability Waiver?

A written liability waiver is a legal document where a party agrees not to sue your company in the case of a particular event or occurrence. For example, if your company sells deep sea diving experiences, you might get a liability waiver signed by all customers so that they fully understand the risks of the activity they are willingly participating in. With a signed liability waiver, the chances of your company being sued in the case of an accident or injury will decrease.

Learn more about liability waivers .

What’s Included in a Liability Waiver?

The kind of liability waiver that you draft will differ based on the industry you operate in. Broadly, the contents of a liability waiver include the following.

  • Caution to participants: Include a caution to readers in the beginning of the document urging participants to read the waiver carefully. The warning should be highlighted so that it catches appropriate attention from readers.
  • Activity risks: The waiver should describe in detail the risks surrounding the activity or service provided by your company. The participant must be made fully informed of potential risks before they can take part in the activity. They must also be made aware that your company will not cover their insurance costs.
  • Voluntary assumption of risk: You should include a clause in the waiver stating that the signatory is fully aware of the risks involved and has voluntarily accepted them.
  • Release clause: Often called ‘hold harmless’, the release clause in the waiver must clearly state that your company will not carry the burden of liability in the case of harm. This is an extremely important section of the liability waiver and must be formulated clearly and in understandable language.
  • Indemnity agreement: Most liability waivers will include an indemnification clause whereby the signatory agrees to pay for your defense costs in case they act in ways to sue you.
  • Waiver laws: Especially for activities involving multiple locations and travel, a clause specifically stating which region the waiver applies to becomes very important. This will ensure that all parties agree to which law will govern in case of a dispute, and where a lawsuit can be taken.

Here is an article that goes deeper into the contents of a liability waiver.

See Liability Waiver Pricing by State

How to Write a Liability Waiver- Step by Step

Several steps are involved in the legal drafting of a liability waiver. These steps will depend on the services offered by your company and the risks involved. Broadly, the process should involve the following:

  1. Step 1: Research industry standards. Gather information on the contents of liability waivers that competitors in your industry use. This exercise will ensure that you have covered all potential risks and are following best practice.
  2. Step 2: Understand the law. Research the law in the region of your operations. Laws relating to waivers change depending on which state or country you are functioning in. Before drafting the waiver, you must fully understand the law in your jurisdiction to ensure your waiver is enforceable.
  3. Step 3: Consult a lawyer. You should consider consulting business lawyers to draft the liability waiver for your company. Lawyers will use precise and clear language which will ensure that your waiver is legally binding in court. You may also find a reliable template for a waiver online and get it reviewed by a lawyer later.
  4. Step 4: Ensuring informed participation. Once your waiver has been drafted, reviewed and finalized, you should ensure that participants are not coerced into signing the waivers. They must be given enough time to carefully read through the document and willingly sign it.
Meet some lawyers on our platform

Steven S.

16 projects on CC
CC verified
View Profile

Faryal A.

191 projects on CC
CC verified
View Profile

Sara S.

132 projects on CC
CC verified
View Profile

Linda W.

10 projects on CC
CC verified
View Profile

When you May Need a Liability Waiver

If your business involves any inherent risk, you may need a liability waiver to protect you from claims of injuries or damages. Accident waivers are most common and involve any situation where the service provided by your company poses potential risks of injury or harm to the participant. Another common waiver is damage waiver like in the car renting business; where your rental company can charge a damage insurance coverage to protect yourself in case the renter damages the car. Here are some examples of when to use a liability waiver:

  • Events: Some events like competitions and sporting events have voluntary participation and carry an inherent risk of injury. Participant waivers are used in events for setting out the terms of participation. Participant waivers ensure that the participant acknowledges their voluntary participation and takes responsibility for any accident that might happen during that participation.
  • Ski Resorts: Skiing carries a known risk of injury which requires skiers to have sound judgment, physical strength, and outdoor experience. Ski resorts often use liability waivers to prevent claims related to skier injuries. Some even print a disclaimer directly on the lift pass to avoid liability for injury or in worst cases, death.
  • Contractors: Contractor relationships are perfect for liability waivers. A waiver can prevent you from being liable for claims that occur at your facilities. The contractor is responsible for covering their claims unless you acted with negligence in general cases.
  • Insurance Claims: Once customers accept an insurance settlement, insurance companies want reassurance that the claim is settled in full. Liability waivers in release forms help them achieve this objective so no new claims can be brought in and the insurance company isn’t held liable.
  • Amusement Parks: Amusement parks are inherently dangerous places because of the high risk rides they offer. Operators are wise to incorporate a liability waiver into their ticket sales process. This protects them from unpreventable damages or harm that might happen within the premises.
  • Massage Therapists: Massage therapy generally provides natural health benefits. However, an unknown condition or prior injury could result in new or worsening injuries for many customers. Massage therapists can protect themselves from claims by asking customers to sign liability waivers.
  • Tourism Companies: The act of traveling by car, bus, train, or plane is dangerous in and of itself. Accidents can happen anytime. Tourism companies not only utilize these modes of transportation, but they also offer other activities that carry a risk as well. Liability waivers ensure that the company can keep the fun going as long as they are doing their part to keep everyone safe.

Here is more on when you might need a liability waiver.


Get Free Bids to Compare

Leverage our network of lawyers, request free bids, and find the right lawyer for the job.

Get Bids Now

Who Writes Liability Waivers?

Typically, experienced attorneys and lawyers will write liability waivers. This will ensure that your company gets the most effective waiver that deters potential lawsuits. If your organization is looking to save money you can choose to use a waiver template available online, but you should still get it referred by a lawyer.

If you need help drafting a liability waiver or other release of liability, contract lawyers can help. They can assist you from the initial intake all the way to the contract signing. Most contract lawyers offer counsel as business lawyers, which means they’re well-suited to help you navigate complicated matters.

Explore some of our liability waiver lawyers .

Get Help with a Liability Waiver

Do you need help drafting a liability waiver? Post a project in ContractsCounsel’s marketplace to receive flat fee bids from lawyers to review and compare. All lawyers are vetted by our team and reviewed by our users for you to explore before hiring.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a Liability Waiver?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,053 reviews

Meet some of our Lawyers

Anjali S. on ContractsCounsel
View Anjali
5.0 (1)
Member Since:
July 15, 2020

Anjali S.

Counsel
Free Consultation
Orlando, FL
13 Yrs Experience
Licensed in CA, FL, NY
NYU School of Law

CA, NY, and FL licensed attorney with nearly a decade of experience in intellectual property, data privacy, commercial contracts, and employment. I also have both the CIPP/US and CIPP/E privacy credentials. Basically, everything your business needs!

Michael C. on ContractsCounsel
View Michael
5.0 (16)
Member Since:
May 12, 2023

Michael C.

Attorney and Business Consultant
Free Consultation
St. Paul, MN
16 Yrs Experience
Licensed in MN
Brigham Young University

I offer top-tier legal expertise in startups, corporate governance, and general legal research. As a professor and published author of research articles and conference presentations, I have established myself as a legal expert, writer, and scholar. My strong research skills and innovative thinking make me a highly capable business consultant, legal adviser, and copywriter. Currently a member of the Minnesota bar. Recent freelance projects include business plans, contract drafting, legal advisory memoranda, due diligence, pre-trial motion practice, and discovery review.

Angelica M. on ContractsCounsel
View Angelica
5.0 (5)
Member Since:
June 13, 2022

Angelica M.

Managing Attorney
Free Consultation
North Carolina
9 Yrs Experience
Licensed in NC
North Carolina Central University School of Law

Angelica McDonald, Esq. has singlehandedly established an in-demand law firm, won several accolades for her incredible work in her community and has her sights set on building a bi-coastal law practice that serves clients from her hometown to Hollywood. She is putting her city of Raeford, North Carolina on the map as the birthplace of the next legal superstar. And she is just at the onset of her career. An astute attorney, Angelica is sought after for her razor-sharp business acumen and her relentless litigation style. With a diverse background in entertainment, media and sports law, as well as business, she represents entrepreneurs and athletes on everything from complex contract negotiation to intellectual property matters, ensuring anything they’ve built is protected.

Erdal T. on ContractsCounsel
View Erdal
5.0 (2)
Member Since:
September 15, 2022
Charlton M. on ContractsCounsel
View Charlton
5.0 (11)
Member Since:
September 19, 2022

Charlton M.

Attorney
Free Consultation
Dallas, TX
10 Yrs Experience
Licensed in TX
University of St. Thomas School of Law

Charlton Messer helps businesses and their owners with general counsel and contract drafting services. He has helped over 500 businesses with their legal needs across a variety of industries in nearly a decade of practice.

Dan "Dragan" I. on ContractsCounsel
View Dan "Dragan"
5.0 (21)
Member Since:
September 21, 2022

Dan "Dragan" I.

Principal Attorney
Free Consultation
Chicago, Illinois
25 Yrs Experience
Licensed in IL
University of Illinois College of Law

I received a bachelor’s degree in philosophy from Northwestern University in 1996 and then got my JD at University of Illinois College of Law in 1999. I have been a lawyer helping people with legal issues in the United States and Internationally since then. That includes litigation as well as contracts/transactions. I am also passionate about helping small and medium businesses with trademark registration and trademark-related legal projects. The law can be confusing and complicated for people, and I am passionate about providing professional legal services to my clients while simultaneously making the legal process less confusing and stressful for them. My goal is to help clients navigate through both good and difficult times by tailoring my skills, experience, and services to their specific needs. I am currently licensed and authorized to practice before the Illinois courts and the United States District Court for the Northern District of Illinois. Internationally I am one of a select few American attorneys licensed and authorized to practice before the United Nations ICTY/IRMCT, the International Criminal Court, and the State Court of Bosnia-Herzegovina. Clients have retained me internationally alongside local counsel in several European countries, Australia, and Africa in private legal matters. I have also been appointed by the United Nations to represent persons at the ICTY/IRMCT and chosen by indigent accused to represent them. Since 2009 my law firm has handled domestic and international cases, including Trial litigation (including Commercial, Premises Liability, Personal Injury, Criminal Defense, and General Litigation) and Transactional work (Contracts, Corporate formation, and Real Estate Transactions). I enjoy helping less experienced practitioners and students evolve and improve. I served as an instructor/lecturer on Oral Advocacy and Trial Practice for the participants of the ADC-ICT & ICLB Mock Trial since 2014, and have presented Advocacy Training lectures for the ADC-ICT on several topics as well as regularly lecturing to visiting University and Bar groups from around the world. If you or a loved one have a legal matter of importance, let's see if I can help you with it!

Tina T. on ContractsCounsel
View Tina
Member Since:
October 1, 2022

Tina T.

Attorney
Free Consultation
New Mexico
2 Yrs Experience
Licensed in NM
Arizona Summit Law School

I am a New Mexico licensed attorney with many years of world experience in real estate, transactional law, social security disability law, immigration law, consumer law, and estate planning.

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
Clients Rate Lawyers 4.9 Stars
based on 11,053 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Business 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
Clients Rate Lawyers 4.9 Stars
based on 11,053 reviews

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