What is Release and Waiver Agreement Drafting?
A release and waiver agreement is a legal contract in which one party gives up the right to sue or otherwise hold the other party liable for legal claims or damages.
It can be used for various reasons, such as dangerous recreational activities, medical treatments, and commercial settlements.
If you need to draft a release and waiver agreement, you should read the rest of this article. We’ll explore the key terms to include in the contract, how to draft the document, and when to ask a lawyer for help with the drafting process.
What are Core Components in a Release and Waiver Agreement?
A release and waiver agreement should include the following key terms:
- Parties. Clearly identify the names of the releasor (the party giving up the right to sue) and the releasee (the party protected from liability).
- Activity. Specify the services, situation, or arrangement that the agreement covers.
- Assumption of risk. This is an acknowledgement that the participant involved in the activity or situation understands the risks.
- Release of liability. The releasor forfeits the right to hold the releasee responsible for liabilities or damages.
- Indemnification. State that the releasor agrees to hold harmless the releasee against any third-party claims or losses.
- Consideration. This is the value exchanged to make the contract legally valid, such as permission to take part in a recreational activity.
- Voluntary acknowledgment. The releasee must sign the agreement to acknowledge that they are entering the agreement voluntarily.
What are Tips for Drafting a Release and Waiver Agreement?
By having a well-written release and waiver agreement, you’ll ensure you have a clear document that establishes the parties’ expectations. This, in turn, will minimize your risk of disputes. Here are some drafting tips.
Describe the Purpose
Your release and waiver agreement should include exactly what activity or transaction it includes so there’s no confusion over why this document is being drafted and signed.
Define Rights Being Waived
Specify all legal claims or liabilities that the releasor agrees to waive. This must be written clearly and in simple wording instead of vague language that could create uncertainty.
Explain the Scope
Your agreement should explain if the agreement covers existing or future claims, or if both are covered. Then, specify all the activities, incidents, and transactions that the release covers to make the document comprehensive.
Mention Exclusions
There might be claims or liabilities that aren’t covered by the agreement, but these must be aligned with the legal requirements of your specific jurisdiction. For example, some jurisdictions restrict your ability to waive liability for gross negligence or intentional misconduct.
Address Consideration
If applicable to your agreement, determine if something of value must be exchanged for the release. This can include a settlement payment or a refund, for example.
Should You Hire a Lawyer for Release and Waiver Agreement Drafting?
Hiring a lawyer to draft your release and waiver agreement is useful, especially if your agreement involves significant potential liability or personal injury. A lawyer can assist you in various ways when drafting your agreement, such as by:
- Correctly identifying all parties. They’ll specify the parties’ roles so they’re clearly and accurately established.
- Defining the release scope. They’ll specify exactly which claims, demands, and legal rights are covered by the agreement to prevent uncertainty.
- Drafting clear provisions. They’ll prepare provisions in the agreement that make parties’ rights and obligations easy to understand to prevent disputes in future.
- Aligning the document with all legal requirements. A lawyer will check that the agreement is aligned with all relevant laws and legal requirements so that it's enforceable.
- Determining consideration. They’ll see if consideration is required for the specific arrangement and what each party receives for entering into the agreement.
- Reviewing your release and waiver. If you’ve already drafted the document, you can hire a lawyer to thoroughly review it so you feel confident that it protects your, and the other party’s, interests.
Where to Find a Lawyer for Release and Waiver Agreement Drafting
If you need to hire a lawyer to draft your release and waiver agreement, you don’t have to struggle to find one by calling law firms in your area or calling friends for lawyer recommendations. Use an online legal marketplace that gives you access to a range of lawyers who can assist you with your contract drafting needs.
ContractsCounsel is one of the largest online legal marketplaces that connects you to a curated network of lawyers who have been vetted on the platform.
To ask a lawyer to draft your release and waiver agreement, here are the easy steps to follow:
- Go to the ContractsCounsel marketplace, where it’s free to post your project.
- Select ‘One-time project’ and ‘Create or update contract.’ Alternatively, select ‘Review contract’ if you need a lawyer to review your agreement for you.
- Post your project. Include some details of the project so you can match with the most suitable lawyer, such as why you require the release and waiver agreement to be drafted.
- Wait to receive lawyer bids. You’ll receive multiple bids from lawyers directly on the platform who are ready to assist you. This prevents you from having to search for a lawyer because they’ll reach out to you.
- Review the platform’s lawyer data. This information includes the lawyers’ location, credentials, years of experience, field of expertise, and client ratings for projects completed on the platform.
- Select a lawyer to work with. They’ll draft or review your release and waiver agreement for a flat fee.
