What is Release of Liability Drafting?
A release of liability is a legal contract in which one party agrees not to hold the other party responsible for potential damages, whether financially or legally. It’s common to use releases of liability in various situations, such as when hiring a model for a photoshoot or during sporting activities where there’s a risk of injury involved.
If you require a release of liability, you should read the rest of this article. Find out what terms to include in a release of liability, how to draft it so that it’s valid, and why you should hire a qualified lawyer to assist you with the process.
What Should You Include in a Release of Liability?
A release of liability should include the following key terms:
- Release of claims. The contract must clearly state that the one party (the releasor) agrees to waive legal demands or rights against the other party (the releasee).
- Assumption of risk. The releasor must acknowledge and accept all the risks involved with the specific situation or activity.
- Informed consent. This serves to show that the releasor understands all terms in the document, including the risks involved, and accepts them.
- Scope. This is an important section of the agreement because it outlines exactly what activities and scenarios apply to the waiver.
- Indemnification. The releasor must also agree that they will hold the releasee harmless and not pursue legal action if there are damages.
- Effective dates. This specifies times when the release is valid, which is included if there are specific location-based events.
- Severability. This clause states that if one section of the agreement isn’t enforceable in court, the rest of the document will still be valid.
- Consideration. Consideration means that there must be something of value exchanged between the parties. For example, consideration for the releasor could be participating in an exciting event or activity.
What are Tips for Drafting a Release of Liability?
After including important terms in your release of liability, there is additional information you should include for clarity and to protect yourself.
Keep the Risks Relevant
Since the releasor must understand and accept all risks involved, the document must avoid making the risks too broad. They should be relevant to the specific event or activity that requires the document.
Ensure Voluntary Signing
It’s crucial for the releasor to sign the release of liability because they choose to, not because they’re being pressured. This section should be included for clarity and to ensure the document is valid.
Include Emergency Contract Information
In some cases, such as if the activity included in the agreement is a high-risk activity, the document should include emergency contact information.
Make Expectations Clear
A release of liability must be written in clear, easy-to-understand language. This ensures that parties understand their responsibilities. It prevents ambiguity that can create confusion and lead to future disputes.
Comply with State Laws
Since state laws surrounding release of liability drafting can vary quite a bit, you want to be aware of all state laws that apply to your document. For example, there might be strict rules about what is and isn’t allowed to be waived.
With that in mind, you shouldn’t assume that a release of liability will cover gross negligence or intentional harm. In most jurisdictions, a release of liability containing these won’t be enforced as it’s viewed as being against public policy.
How Can a Lawyer Help You with Release of Liability Drafting?
Since a release of liability needs to be precise and clear for both parties to understand, as well as legally enforceable, you should work with a lawyer to draft it. Here’s how a lawyer can help you:
- They’ll make it compliant. A lawyer has in-depth knowledge of all applicable local, state, and national laws so that they make the release of liability enforceable.
- They’ll use clear language that’s easy to understand. This ensures both parties understand everything in the release of liability, avoiding misunderstandings or legal disputes.
- They’ll consider the risks involved. Then, they’ll clearly define them in the release of liability for transparency.
- They’ll avoid using a generic template. Instead, they’ll consider the specific activity or event requiring the release of liability. This prevents missing information in the document.
- They’ll guide you on implementation. A lawyer doesn’t only draft the release of liability. They go one step further by helping you understand how to properly execute it, how to store it safely, and how to enforce it.
Where to Find a Lawyer for Release of Liability Drafting
You might want to work with a lawyer to draft your release of liability but be unsure of where to find one. Online legal platforms like ContractsCounsel make the process easy.
ContractsCounsel is one of the largest online legal marketplaces that gives you access to a network of vetted lawyers. Lawyers on the platform have expertise and years of experience in contract drafting and review, and requesting that one of them helps you with the process is easy.
Here are the steps to follow if you want a lawyer to draft your release of liability:
- Go to the ContractsCounsel marketplace.
- Post your project for free. Include a few details to help you find the most suitable lawyer. This can include reasons why you need a liability of release.
- Receive multiple bids from lawyers directly on the platform who have the experience to help you.
- Review the lawyers’ profiles. Take some time to go through the platform’s lawyer data, such as their location, client ratings for previous projects, expertise, and credentials.
- Connect with a lawyer you think is best suited to your requirements and hire them to draft your release of liability for a flat fee.
