Liability Waiver Templates

What is a Liability Waiver Template?

A liability waiver template is a legal contract created by a lawyer that informs participants of the risks associated with an activity which protects businesses from lawsuits. These legal contracts can also be called release of liability forms, waiver forms, liability waiver forms, and assumption of risk forms.

The party that signs the liability waiver (“Releasor”) is acknowledging the risks and is ‘releasing’ their rights to sue the business, should any sort of harm or damage happen while participating in an activity.

Businesses that operating in high-risk industry, like skydiving operators, fitness centers and gyms, and vehicle rental companies, should have a liability waiver template they can use for each new customer they work with. The template will allow for the business to customize the contract for each new customer, without having to hire a lawyer each time to draft a new agreement.

Benefits of Lawyer Drafted Waiver Templates

There are many benefits to purchasing a lawyer drafted liability waiver that should be considered when finding a template that works for your business. The internet is full of free templates, many of which are not drafted by lawyers, which can create unnecessary risk if these documents are to be used with customers.

Benefits to consider are below:

Legal enforceability

A lawyer drafted template provides peace of mind that your liability waiver uses precise legal language to best protect your business. Lawyers have been trained on limiting a businesses liability, so they can add language to protect on various loopholes.

Terms for your business

Templates for sale on our site are created by lawyers for a specific business use case. Purchasing a template that aligns with your business will ensure the terms fit the activity you are providing to customers, limiting your liability as much as possible.

Presents professionally

A lawyer drafted template will be perfectly formatted like a legal contract which will allow your business to present as professional to your customers.

Set up for customization

A lawyer drafted liability template will include fields for the business to populate each time they use the agreement. This allows a business to pay for the template one time and use it over-and-over again with customers.

On-going support

Buying a template from the lawyer who drafted it will make on-going or additional support easy. Most lawyers have their own templates they work from and will refuse to review/edit another lawyer’s template, since it will be faster for them to start from a template, they are already familiar with.

Who are the Parties to a Liability Waiver?

The parties to a liability waiver are known as the “Releasor” and the “Releasee”.

• The “Releasor” is the party that agrees to sign the liability waiver and “release” their rights to sue the business if anything adverse happens to them because of the activity. This is typically the customer.
• The “Releasee” is the party being “released”, which is typically the business providing the activity to customers that has risks.

Types of Liability Waivers Available for Purchase

ContractsCounsel’s template marketplace offers a variety of liability waiver templates for sale created by lawyers in its network. Some liability waivers available are:

• General Liability Waiver Template
• Water Sports Liability Waiver Template
• Fitness & Exercise Liability Waiver Template
• Family and Children Entertainment Center Liability Waiver Template
• Personal Trainer Liability Waiver Template

These templates have specific use cases to make sure they include the terms you need.

Benefits of Buying a Liability Waiver Template from a Lawyer

Buying a liability waiver template from the lawyer who drafted it has many benefits, most of which involve any ongoing support needed.

The internet is littered with free forms everywhere, without showing customers who drafted the templates. Many may be drafted by non-lawyers and not have appropriate terms to protect a client.

Most lawyers have a set of templates they have worked with for years, so they become very familiar with their legal terms and clauses. If a lawyer is asked to review a legal template, they did not draft to make sure it is legally suitable, they will typically ask to start from their own template and charge a client the full rate for drafting a new template.

The reason they do this is because it will likely take them more billable time to clean up someone else’s template, as opposed to starting with their own, which they know intimately.

Buying a template from the lawyer who created it will make working with a lawyer infinitely easier, since the lawyer already understands and trusts the terms that are in the document. Any help you need can be quickly taken care of since the lawyer will not need to review all the language in the agreement, since they already wrote it. This will save a customer time and money when engaging the drafting lawyer for help.

What’s Generally Included in a Liability Waiver Template?

Liability waiver templates can include a variety of terms, depending on the nature of the business, but typically have common clauses throughout to make sure the waiver fully protects the business. Below are some clauses you will see in the templates.

Names and Addresses of Parties

This section allows for the business to insert the names of the parties (business and customer names), along with the addresses, so that it is clear who the parties to the liability waiver are.

This field is typically customizable so a business can create a new agreement for each new customer.

Assumption of Risk Clause

This section will outline the risks the customer is assuming while participating in the activity. By agreeing to this risk, the customer is acknowledging that they understand the risks of the activity they are voluntarily participating in and are assuming that risk.

This section can sometimes be customizable if the business offers experiences across many different activities.

Release of Liability, Covenant not to Sue Clause.

This clause is where the customer is releasing the business of any liability that may arise from participating in the activity and agreeing not to sue the business if anything bad happens. This is one of the most important provisions in a liability waiver.

Indemnification Clause.

The indemnification clause is where the customer/participant agrees to compensate the business for any losses or damages that may arise from participating in the activity.

Agreement to Follow Directions Clause.

You may see an Agreement to Follow Directions clause in a liability waiver, which makes the participant agree to follow any instructions, safety guidelines or protocols outlined by the business when participating in the activity. This forces the participant to follow directions to stay safe, and further limits the liability of the business since the participant is required to act safely and responsibly.

Agreement to Consult a Medical Professional Clause.

This clause is something you may also see in a liability waiver template, which makes the participant agree to consult a medical professional to make sure they are fit enough to participate in the activity. By including this clause, you are making sure the participant is aware of their own health conditions and taken steps to mitigate any risks in participating in the activity.

Who Needs a Lawyer Drafted Liability Waiver?

Lawyer drafted liability waiver templates are needed by businesses that operate in higher-risk industries or experiences. By having a professional liability waiver template, a business will protect themselves from any potential legal claims in the future.

Whenever a business signs up a new customer to engage in a risky activity, they should have the participant sign the liability waiver, as a best practice. Having a legal agreement in place will protect the business from any lawsuits.

Some examples of businesses that need liability waiver templates include:

• Adventure and Outdoor Activity Providers
• Gyms, Fitness Centers, Personal Trainers
• Event Organizers
• Sports Teams and Clubs
• Recreational Facilities
• Equipment Rental Providers
• Education and Training Centers
• Travel Companies
• Healthcare and Beauty Service Providers

There are many other business types that will need a liability waiver, but hopefully this list is a good representation of the types of companies that would benefit from their use.

Is a Liability Waiver Enforceable?

Yes, liability waivers are generally enforceable, but will depend on their legal language, circumstances around when they were signed, and the legal jurisdiction.

Some things to consider around enforceability:

• Clear Language. The waiver must have clear and unambiguous language.
• Voluntary Agreement. The participant needs to voluntarily sign the agreement and not be forced.
• Jurisdiction. Different jurisdictions have different laws, so the waiver needs to comply with those laws.
• Opportunity to Review. The participant should have adequate time to review the waiver and not be given it to sign at the last minute.
• Competency of Signer. The participant needs to be capable of entering into a contract (i.e., legal age, mentally fit, etc.)