What is Waiver Drafting?
A waiver is a legal agreement that stipulates one party gives up a right or claim, essentially protecting the other party from potential liability and lawsuits. It provides risk management, legal protection, and clear expectations so that parties understand their risks.
This is why drafting a waiver is not something to be taken lightly. Read the rest of this article to explore the different types of waivers, how to write a waiver, and how a qualified lawyer can help you navigate the waiver drafting process.
What are the Common Types of Waivers?
There are various types of waivers. These include the following:
- General waiver. This is a broad waiver in which one party relinquishes their rights to make claims against the other party. These documents are commonly seen in recreational settings where parties take part in potentially risky activities.
- Waiver of liability. This is when a party relinquishes the right to hold the other party responsible for damages that could occur, such as during recreational and sporting events.
- Waiver of rights. One party gives up certain rights, such as the right to sue the other party. You’re likely to see a waiver of rights in employment agreements.
- Waiver of claims. This legal document means that one party isn’t allowed to make claims against the other. You’re likely to see a waiver of claims in settlements, where one party agrees to not make any further claims for compensation.
How Should You Draft a Waiver?
When writing a waiver, special attention must be made to include specific terms and sections for clarity.
Introduction
An introductory statement opens the waiver. It specifies the reason for the waiver and what parties are involved in it. This must be clear and specific so both parties understand the waiver’s purpose.
Risks
A summary of risks should outline all risks associated with the activity or service. All potential risks must also be described clearly, and they can include physical injuries, damage to property, or others. This is required so that parties can make informed decisions prior to partaking in the activity.
Assumption of Risks
This section of the waiver is a statement that acknowledges the signer’s understanding of all risks outlined in the previous section. It’s important for the waiver to confirm that the signer is consenting to the activity despite the potential risks they could encounter.
Release
The waiver’s release clause explains the level to which the signer releases the other party from liability. It will state that they agree not to hold the other party liable for certain damages or injuries.
Indemnification
The waiver outlines all duties the signer has to indemnify the other party against claims, damages, and liabilities that could occur due to their actions. This provides protection for the other party.
Governing Law
The jurisdiction that governs the waiver must be specified so that both parties know what country or state’s laws apply should there be a dispute.
Consent
At the end of the waiver document, there should be clarity about how the waiver can be signed. This is to ensure that signing is voluntary. There should also be a statement that the signing party has understood all sections of the waiver.
The signing party will sign the waiver in the provided blank space in the document, as well as provide the date and their printed name.
Use Clear Language
Throughout the waiver, your wording should be free of legal jargon and vague wording. You want both parties to understand every sentence in the waiver so that there’s no confusion. To further help both parties to understand the document, structure it with clear headings and subheadings.
If there is anything unclear in the document, courts could find the waiver unenforceable.
How Does a Lawyer Help with Waiver Drafting?
A lawyer can help you significantly when drafting a waiver to prevent you from making mistakes that make the waiver unenforceable. Here’s a rundown of ways in which they’ll help you.
- Identifying all risks the waiver should include. They’ll analyze all activities and services to identify any potential liabilities.
- They’ll draft clear and enforceable waivers to avoid anything ambiguous or broad that can make enforceability challenging in the court.
- They’ll comply with the waiver with all local laws. Since requirements can vary in different jurisdictions, you want a lawyer’s expertise to help you with this.
- They’ll customize the waiver according to your situation. They’ll tailor provisions related to risk assumption, indemnification, dispute resolution, and more.
- They’ll minimize your risk of legal disputes. By properly drafting a waiver, your lawyer can prevent claims and strengthen your legal position should a dispute arise in future.
- They’ll help you avoid costly errors that can land you in legal or financial trouble.
- They’ll give you peace of mind that the waiver is aligned with all laws and is appropriate for your specific situation.
- They’ll review a waiver you already have drafted to check that it’s legally valid and protects your interests.
Where to Find a Lawyer for Waiver Drafting
If you need to find a reputable lawyer to draft your waiver, you don’t have to spend a lot of time searching for one or cold-calling traditional law firms that can be expensive. By using an online legal platform, you can connect with a qualified, experienced lawyer who will save you time and money.
On ContractsCounsel, one of the largest online legal marketplaces that provides access to a network of vetted lawyers, you can find the right lawyer for your legal requirements from your computer.
Here are the easy steps to follow when you want to ask a lawyer on ContractsCounsel to draft a waiver.
1. Go to the ContractsCounsel marketplace, where you can post your project for free.
2. You’ll receive multiple bids from lawyers directly on the platform who can assist you.
3. Once you receive the lawyer bids, you should review the lawyers' profiles. There’s lots of info on the platform to help you choose the best lawyer, such as their location, client ratings, years of experience, and field of expertise.
4. Connect with a lawyer you think is best suited to your requirements and hire them.
