Home Blog Liability Waiver Drafting: Types, Key Elements, Legal Help

Liability Waiver Drafting: Types, Key Elements, Legal Help

Jump to Section

Quick Facts — Liability Waiver Lawyers

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.


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.


Meet some of our Lawyers

Sarah T. on ContractsCounsel
View Sarah
5.0 (36)
Member Since:
January 12, 2025

Sarah T.

Attorney
Free Consultation
Fort Worth, Tx
16 Yrs Experience
Licensed in TX
Texas Wesleyan University School of Law

Sarah has been practicing law since 2010. Prior to becoming an attorney, Sarah worked in the insurance industry for 5 years. Sarah's practice includes civil litigation, contracts, and family matters.

Recent  ContractsCounsel Client  Review:
5.0

"Thank you for your assistance. We enjoyed working with you. Best, Mitchell"

Joshua D. on ContractsCounsel
View Joshua
5.0 (5)
Member Since:
June 5, 2025

Joshua D.

Business Attorney
Free Consultation
Lynn, MA
3 Yrs Experience
Licensed in MA
New England Law | Boston

I am an experienced small business attorney. I work diligently to ensure that small business owners achieve their objectives while maintaining compliance, satisfying legal duties, and engaging in smart contracting opportunities. I provide everything from organization, to lease/commercial real estate purchase agreement review and negotiation, and even IP filings. I can help to navigate commercial and government contracts, as well as other SaaS-type agreements.

Recent  ContractsCounsel Client  Review:
5.0

"Joshua is a phenomenal attorney to work with. He has a personality and isn't monotone to converse with. He is extremely responsive and delivers timely. He answered all my questions, while fairly abiding by the scope of representation. I would work with him again."

Jim B. on ContractsCounsel
View Jim
5.0 (1)
Member Since:
September 4, 2024

Jim B.

Managing Partner, Business Lawyer
Free Consultation
Portland, Oregon
24 Yrs Experience
Licensed in OR
Southern Illinois University

Since 2002, when I first received my law license and began practicing in criminal litigation, I have dedicated myself to providing competent and impassioned legal representation to my clients. Transitioning into business and intellectual property law and serving the Oregon community under the banner of INTELLEQUITY since 2016, I embarked on a mission to offer an unparalleled level of personalized legal guidance that empowers my clients through understanding, support, and legal mastery. As a seasoned attorney, I recognize that behind every case is a person with a distinct set of emotions, aspirations, and challenges. This is why my approach to legal services is not just about cases and statutes; it's about people and their lives. Whether it's navigating the intricacies of business law or safeguarding your intellectual property, I'm here to provide more than just professional counsel—I offer a compassionate, personalized approach to every case. This means keeping you well-informed at every step, empowering you with in-depth understanding, and steering you towards decisions that are legally sound and, more importantly, right for you.

Recent  ContractsCounsel Client  Review:
5.0

"Great person to work with. He helped gain a better understanding of my own business."

Sara S. on ContractsCounsel
View Sara
4.9 (160)
Member Since:
July 14, 2023

Sara S.

Attorney
Free Consultation
Washington, District of Columbia
6 Yrs Experience
Licensed in DC, MD, PA
American University Washington College of Law

With over eleven years of intellectual property experience, I’m happy to work on your contract problem. I am very diligent and enjoy meeting tight deadlines. Drafting memoranda, business transactional documents, termination notices, demand letters, licenses and letter agreements are all in my wheelhouse! Working in a variety of fields, from construction to pharmaceutical, I enjoy resolving any disputes that come across my desk. I will prioritize your project, big or small. Please be ready and prepared with all relevant documentation so we can get started as soon as you click HIRE! Hourly rate projects will be billed hourly in accordance with the timesheet. Flat rate projects will be billed in segments. Choosing an hourly or flat rate is up to you. Absolutely no refunds.

Recent  ContractsCounsel Client  Review:
5.0

"I am happy with the final product. Sara was very easy to work with."

Jeremiah C. on ContractsCounsel
View Jeremiah
5.0 (69)
Member Since:
March 5, 2021

Jeremiah C.

Partner/Attorney at Law
Houston
18 Yrs Experience
Licensed in NV, TX
Thomas Jefferson

Creative, results driven business & technology executive with 27 years of experience (17+ as a business/corporate lawyer). A problem solver with a passion for business, technology, and law. I bring a thorough understanding of the intersection of the law and business needs to any endeavor, having founded multiple startups myself with successful exits. I provide professional business and legal consulting. Throughout my career I've represented a number large corporations (including some of the top Fortune 500 companies) but the vast majority of my clients these days are startups and small businesses. Having represented hundreds of successful crowdfunded startups, I'm one of the most well known attorneys for startups seeking CF funds. I hold a Juris Doctor degree with a focus on Business/Corporate Law, a Master of Business Administration degree in Entrepreneurship, A Master of Education degree and dual Bachelor of Science degrees. I look forward to working with any parties that have a need for my skill sets.

Recent  ContractsCounsel Client  Review:
5.0

"I really enjoyed working with Jeremiah. He answered all my questions and did a great job on the contract work I needed."

Sean D. on ContractsCounsel
View Sean
Member Since:
October 8, 2025

Sean D.

Founding Partner
Free Consultation
Washington DC
16 Yrs Experience
Licensed in CA, DC, MA
Georgetown University Law School

After 15+ years at leading firms in Silicon Valley, Boston, and DC, I started Supernova Law to partner with the clients who inspire me most—start-ups, mission-driven companies, B-Corps, and non-profits. My goal is simple: provide accessible, affordable, high-quality legal support to innovators creating positive change for our society. At Supernova Law, your vision and values come first.

Matthew K. on ContractsCounsel
View Matthew
Member Since:
October 10, 2025

Find the best lawyer for your project

Browse Lawyers Now

See Real Liability Waiver Projects

California Need a Liability Waiver document for a Non-profit Organization (Language School) Drafting
  • California
  • 3 lawyer bids
  • $500 - $599
View Details
Pennsylvania Liability Waiver for Animal Education Program Drafting
  • Pennsylvania
  • 4 lawyer bids
  • $450 - $995
View Details
California Salon Waiver Drafting
  • California
  • 7 lawyer bids
  • $450 - $799
View Details
Washington Liability Waiver Drafting for Online Personal Training Drafting
  • Washington
  • 8 lawyer bids
  • $370 - $785
View Details
Florida Liability Waiver for Material Laydown Yard Drafting
  • Florida
  • 7 lawyer bids
  • $350 - $875
View Details
New York Develop LIABILITY WAIVER for senior home care appointments Drafting
  • New York
  • 11 lawyer bids
  • $325 - $900
View Details

See all Liability Waiver projects

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 24,502 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Business Lawyers
LIABILITY WAIVER DRAFTING LAWYERS BY CITY
See All Liability Waiver Drafting 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 24,502 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