What Are Common Client Concerns in Waivers?
When drafting a waiver, which protects clients from liability, we’ve found that many people share common concerns. ContractsCounsel, an online legal marketplace connecting people with vetted lawyers to draft and review contracts, names the following as the top concerns clients share about waivers :
- Preventing legal claims
- Medical contraindications
- Negligence
- Compliance with privacy laws
- Dispute resolution
In this article, we’ve outlined these concerns, along with how a legal review can help you ensure the waiver is legal, clear, and fair to both parties.
Note: Our data comes from real, anonymized waiver review postings on ContractsCounsel.
Preventing Legal Claims and Lawsuits
Concern 1: Clients usually want to know that the waiver will help them avoid liability and lawsuits.
How lawyers help: Lawyers will check the waiver for clear, enforceable terms and language. These must meet the specific risks and business activities outlined.
Medical Contraindications and Disclaimers
Concern 2: It’s common to see waivers in health and fitness industries. Since there could be medical risks involved, these need to be addressed.
How lawyers help: Lawyers check for clauses and disclaimers about medical conditions. It must be confirmed that parties will accept the risks involved.
Validity of Electronic or Click-Through Signatures
Concern 3: You can make use of digital waivers, but these can pose questions. Our data has found that clients want to know if digital signatures are legal.
How lawyers help: Lawyers ensure the waiver is in line with electronic signature laws. They will advise clients on the best ways to maintain digital records.
Negligence and Liability Limitations
Concern 4: Should there be broad terms in the waiver or negligence, this can cause the waiver to be invalid.
How lawyers help: Lawyers will revise the terms and language in the document so that everything is legally enforceable. It should define and explain possible risks that all parties understand.
Non-Provision of Medical or Professional Advice
Concern 5: Some clients, such as those in wellness or coaching industries, usually request that the document states they don’t provide advice of a legal or medical nature.
How lawyers help: If necessary, lawyers include disclaimers in the waiver. This will clarify service limitations and avoid liability.
Compliance with Privacy Laws
Concern 6: If the waiver includes participant data, this can be a legal compliance and privacy risk.
How lawyers help: Lawyers will check for privacy and data regulations, such as HIPAA. All data collection practices need to be legal and disclosed.
Jurisdiction and Dispute Resolution
Concern 7: Should disagreements arise in the future, clients want to know that they can resolve them easily.
How lawyers help: Lawyers will include dispute-resolution processes that comply with state laws, as well as venue and jurisdiction clauses.
Key Takeaways
- Leading client concerns and queries include digital signatures, legal enforceability, and negligence.
- Terms and clauses need to be transparent and legally compliant.
- Legal review reduces liability and risk, while protecting your interests.
Need help with your waiver?
Post your project for free on ContractsCounsel. You’ll connect with vetted lawyers who can help you review your waivers so they protect you and give you peace of mind.