What is Liability Waiver Drafting?
A liability waiver is a legal, signed document in which one party takes on all the risks and releases the other from any legal or financial ones. For example, a company might ask a customer to sign a liability waiver to protect the business from being sued should they get injured.
Drafting a liability waiver is important to do properly and professionally so that your rights are protected.
Read the rest of this article to explore some different types of liability waivers, what’s typically included in a liability waiver, how to draft it, and how hiring a vetted lawyer can help you ensure it’s legally valid.
What are Common Types of Liability Waivers?
There are different types of liability waivers, which can include the following:
- General liability waiver. This document covers broad claims, such as those relating to negligence or injury. It’s common to find these waivers when risky activities are involved, such as in travel and tourism.
- Insurance liability waiver. An insurance waiver protects insurance companies from liability such as lawsuits related to claims.
- Property liability waivers. These types of waivers are used by property owners or landlords. They protect parties against any claims of damage. For example, if there’s uneven flooring or construction materials on site that could cause injuries.
What Should Be in a Liability Waiver?
A liability waiver usually contains the following information:
Parties
The liability waiver must specify exactly who the parties are, such as a business that’s being protected and a participant who is assuming the risks outlined in the document.
Introduction
The liability waiver opens with a clear statement of what the waiver is about. For example, it could state, “By signing this waiver, you accept all the risks within.”
Risk Summary
The waiver outlines the risks involved, but these should be detailed, ideally with real-life scenarios included for clarity.
Assumption of Risk
This is a statement that the parties participating are voluntarily assuming the risk and acknowledging it.
Release Clause
This is one of the most important parts of the liability waiver because it states that the participant agrees not to expect the other party to take responsibility for any damages, such as injuries.
Indemnification
The liability waiver must include a promise from the participant to cover all costs, such as legal fees, should they violate the waiver. For example, if they agreed not to take legal action but then they do, they will have to follow these obligations.
Governing Law
The liability waiver should clearly define what laws apply to the agreement and in what location disputes between parties will be settled.
Signatures
Signatures of both parties involved must be included in a liability waiver so that it’s legally valid. These must be provided in a voluntary way.
What are Common Pitfalls in Liability Waiver Drafting?
When writing a liability waiver, you should avoid making common mistakes that can invalidate the document or cause issues.
Ambiguous Wording
The liability waiver shouldn’t include any vague wording that can leave it open to interpretation as this can result in disputes.
Dense Layout
It’s recommended to make the text easy to read and accessible for both parties. Use large fonts and separate different sections of the document.
Gross Negligence
A liability waiver shouldn’t try to protect an individual or company from extreme negligence or misconduct, such as if there’s a danger on a construction site that the company knows about but isn’t divulging. All involved risks must be explained and should be fair for all parties concerned.
Lack of State Laws
When drafting a liability waiver, it’s essential to consider the laws in the relevant state. Since these vary quite a bit, consulting with a lawyer who has legal expertise ensures your liability waiver is compliant.
How Can a Lawyer Help With Liability Waiver Drafting?
Besides helping you to stay legally compliant, a lawyer can assist you when drafting a liability waiver in various ways. These include the following:
- Making the liability waiver enforceable. DIY liability waivers can be too broad or vague, which can make them challenging to enforce. A lawyer will ensure that the document is precise and clear.
- Explaining risks. A lawyer will consider the situation and working relationship between parties so that the waiver includes all foreseeable risks. This ensures both parties feel confident to sign it.
- Customization. Since a liability waiver can be used for various situations, using a generic template can be limiting. A lawyer ensures that the document will be specific for your unique concerns so there’s no missing information that can put you at risk.
- Limiting liability. A lawyer will explain what liability is included and secure indemnity protections.
- Ensuring consent. In liability waivers that involve minors, a lawyer will structure the document so that it’s legally sound and accurate.
- Protecting your business reputation. By getting a liability waiver professionally drafted, a lawyer will prevent ambiguity and create a clear expectation with participants, such as customers.
Where to Find a Lawyer for Liability Waiver Drafting
If you need to hire a lawyer to draft your liability waiver, you don’t have to cold-call traditional law firms or conduct extensive research into finding the right lawyer. By making use of online legal platforms, the process is easier.
On ContractsCounsel, one of the largest online legal marketplaces, you’ll have access to a curated network of vetted lawyers who can help you draft your contracts.
To request that a lawyer drafts your liability waiver, here are the easy steps to follow:
1. Go to the ContractsCounsel marketplace, where you can post your project for free. Include some details of what you need so you’ll be matched with suitable lawyers.
2. Wait for lawyer bids. You’ll receive multiple bids from lawyers directly on the platform.
3. Review the lawyers' profiles based on data provided by the platform, such as their location, client ratings, years of experience, and field of expertise.
4. Hire a lawyer you think is best suited to your requirements to draft your liability waiver so it’s transparent and legal.
