Draft Liability Waiver in Massachusetts for Transportation & Logistics Business (2023)

Yes. If you are having an event, every participant needs a liability waiver. This is especially important if the event includes activities that may result in someone getting hurt. Additionally, it provides you with an opportunity to disclose the possible hazards and an opportunity for the participant to make an informed decision regarding whether to attend and participate. Finally, even if you have a waiver, you will also want to supplement the waiver with insurance that will cover your event.

A liability waiver can indeed be binding on heirs if the language of the waiver expressly includes heirs or assigns. However, the binding nature of a waiver on heirs could be affected by several factors. Administrative regulations such as 1 TAC § 373.209 and statutes like V.T.C.A., Civil Practice & Remedies Code § 71.021 and V.T.C.A., Special Districts Code § 8502.020 stipulate conditions under which heirs can assert claims, which could potentially affect the binding nature of a waiver on heirs. Finally, the enforceability of such waivers can be influenced by whether the instrument is recorded or not, as per V.T.C.A., Property Code § 13.001. In summary, while a liability waiver can be binding on heirs, the enforceability of such waivers can be influenced by various factors, including the specific language of the waiver, the termination of the contract, administrative regulations or statutes, and whether the instrument is recorded or not. I recommend having a discussion with an attorney and have them draft the language to achieve your goal.