Consent Form

Jump to Section

Need help with a Consent Form?

CREATE A FREE PROJECT POSTING
Post Project Now

Consent forms are essential for some businesses, particularly in healthcare, finance, law, and technology. Business owners and managers must select and implement the right kind of consent form. Otherwise, it may not serve its intended legal purpose.

Below, we’ve outlined everything you need to know about consent forms with tips and tricks along the way:

What is a Consent Form?

Consent forms, sometimes called release forms, are legal documents that serve as written permission to send or receive information among participating parties. They often inform them of associated use risks and release the provider from associated claims. Upon signing, a consent form acts as an authorization and waiver .

Here is an article that defines consent.

Purpose of a Consent Form

The purpose of a consent form is to inform clients, patients, or subjects of what information you’re obtaining, what rights they’re waiving, and other pertinent details. They ensure that the lines of communication remain open among the parties and afford people the right to be informed.

Types of Consent

Consent takes many forms. Several factors determine the type of consent you’ll use, including the relevant industry, medium, legal situation, and more. You’ll want to review different kinds of consent available to help you make a decision.

Below, we’ve outlined the six most common consent types that you should know:

Type 1. Active Consent

Active consent is when consumers “actively” agree to a specific statement and similar to explicit consent. For example, clicking “I agree” on a website or signing a contract are forms of active consent.

Type 2. Explicit Consent

Explicit consent is when you offer customers the opportunity to authorize use, risk, or disclosure. For example, global privacy regulations require explicit consent when an organization processes a consumer’s data. These laws require clear and documented disclosure of company practices and how customers can opt out.

Type 3. Implied Consent

Implied consent is when participation automatically grants permission in some cases. For example, most states impose an implied consent law for accepting a driver’s license. The implied consent in this situation is that you’re willing to provide a breath sample to police for reasonable DWI/DUI investigations.

Type 4. Informed Consent

Informed consent is when you inform the individual of all possible outcomes and consequences of granting their permission. For informed consent to remain valid, the signatory must:

  • Be competent
  • Authorize voluntarily
  • Be fully informed about use and risks
  • Be at least age 18

Type 5. Opt-Out Consent

Opt-out consent is when customers can refuse or rescind permission at any time. For example, you can offer an opt-out consent form so that clients can reject cookies on your website. Consent formally occurs if the consumer continues to use it without their declining it.

Type 6. Passive Consent

Passive consent is a type of implied consent in which the consumer automatically gives their authorization unless otherwise stated. You can’t use passive consent if you’re working toward privacy regulation compliance. However, you could use passive consent clauses if use doesn’t significantly affect the customer.

Meet some lawyers on our platform

Jane C.

38 projects on CC
View Profile

Samuel R.

4 projects on CC
View Profile

Daehoon P.

5 projects on CC
View Profile

Bryan B.

38 projects on CC
View Profile

What’s Included in a Consent Form?

Consent forms can be complicated or straightforward, depending upon the situation. However, they generally contain some form of acknowledgment, authorization, and release of claims. Since you’re often asking customers to waive their rights in specific situations, it’s essential that you speak with an attorney to ensure that their civil rights remain intact.

Here are the six elements that are included in a consent form:

  • Release Clause : Your consent form should offer a release clause that the customer acknowledges. They release you from risks associated with the use of your product or service.
  • Limitation of Liability Clause : The release of liability should clearly state that customers won’t sue you for provider negligence. Ensure that you include the protection from legal liability in your disclaimers to achieve enforceability.
  • Proper Formatting : Your consent form should include headers, readable fonts, and use clear language. Ensure that it’s suitable for a general audience.
  • Legality : Work with a legal professional to review your consent forms. They can tell you if the document violates public policy or contract law in some manner.
  • Precision : If you ask people to waive their rights, you must create a specific list of what they’re waiving while complying with the law. Otherwise, you could be violating their rights or not offering enough information in your consent forms.
  • Signature and date lines : The final component of a consent form is active consent when necessary. Active consent can come in the form of a signature and dateline or as simple as a button that says, “I Accept. You can skip this step if you’re using some form of implied consent.”

A consent form doesn’t release you from acts of gross negligence. There are still benchmarks and standards to uphold. Consent forms only protect you from reasonable risks, or your liability insurance company may not cover you otherwise.

Examples of Consent Forms

Many legal situations require the use of a consent form. In the abstract sense, it’s challenging to understand how they work, especially if this is the first time that you’re drafting one.

In this section, we’ve offered three examples of consent forms in a hypothetical situation:

Example 1. DUI Testing

The example below shows how governments utilize consent forms:

  • Shavonne lives in the State of California
  • She just moved there and wants to get a driver’s license
  • The State of California will issue her a driver’s license under implied consent laws
  • By accepting and driving on public roadways, Shavonne agrees to reasonable DUI checks
  • If she refuses to provide a breath sample during a DUI check in the future, she automatically loses her driver’s license for a specific period

ContractsCounsel Consent Form Image

Image via Pexels by Ksenia

Example 2. Website Cookies

The example below involves an online store that sells to consumers in locations with consumer privacy laws:

  • Dress Fiction is an online women’s clothing store
  • They sell and ship to customers worldwide
  • Part of their website relies on cookies to function properly
  • Dress Fiction creates an active cookies consent form on their website
  • They further comply with opt-out consent measures
  • If customers don’t agree to the terms, then certain website features won’t work or remain accessible

Read about Cookies Policies .

Example 3. Personal Health Information

The example below involves a healthcare tech company:

  • HeartRite Rx offers an application that monitors a patient’s heart rate, manages prescriptions, provides personalized recommendations to customers, and transmits data to physicians.
  • HeartRite Rx signs new customers up through a form on the splash page of their app
  • Customers must offer their explicit and active consent before using the service
  • HeartRite Rx places a consent form in their customer onboarding process
  • If the customer doesn’t offer their consent, they can’t use some or all application features

Who Uses Consent Forms?

Businesses use consent forms. They use them to authorize the permission of a specific action. Some industries, such as healthcare, tech, and finance, require companies to collect consent through consent forms at certain times.

If you need to create a consent form for your business, hire contract lawyers. They have an in-depth knowledge of the law and can apply it to your unique situation. A legal professional ensures that you walk away with the perfect consent form from the first draft to the contract signing.

Post a project in ContractsCounsel’s marketplace to receive flat fee bids from vetted lawyers. All lawyers are peer reviewed by our customers for you to explore before hiring.

How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our Consent Form Lawyers

ContractsCounsel verified
Attorney
3 years practicing
Free Consultation

I love contracts - and especially technology-related contracts written in PLAIN ENGLISH! I've worked extensively with intellectual property contracts, and specifically with IT contracts (SaaS, Master Subscriptions Agreements, Terms of Service, Privacy Policies, License Agreements, etc.), and I have built my own technology solutions that help to quickly and thoroughly draft, review and customize complex contracts.

ContractsCounsel verified
Founder
19 years practicing
Free Consultation

Founder and owner of Grant Phillips Law.. Practicing and licensed in NY, NJ & Fl with focus on small businesses across the country that are stuck in predatory commercial loans. The firm specializes in representing business owners with Merchant Cash Advances or Factoring Arrangments they can no longer afford. The firms clients include restaurants, truckers, contractors, for profit schools, doctors and corner supermarkets to name a few. GRANT PHILLIPS LAW, PLLC. is at the cutting edge of bringing affordable and expert legal representation on behalf of Merchants stuck with predatory loans or other financial instruments that drain the companies revenues. Grant Phillips Law will defend small businesses with Merchant Cash Advances they can no longer afford. Whether you have been sued, a UCC lien filed against your receivables or your bank account is levied or frozen, we have your back. See more at www.grantphillipslaw.com

ContractsCounsel verified
Partner
3 years practicing
Free Consultation

I am a software developer turned lawyer with 7+ years of experience drafting, reviewing, and negotiating SaaS agreements, as well as other technology agreements. I am a partner at Freeman Lovell PLLC, where I lead commercial contracts practice group. I work with startups, growing companies, and the Fortune 500 to make sure your legal go-to-market strategy works for you.

ContractsCounsel verified
Principal
13 years practicing
Free Consultation

Pico & Kooker provides hands on legal advice in structuring, drafting, negotiating, interpreting, managing and enforcing complex high value commercial transactions. Adept at navigating complex environments, Jonathan has extensive expertise advising clients on a wide range of long- and medium-term cross border and financial engagements, including public tender participation, PPPs, export sales agreements as well as policy and regulatory formulation. Jonathan and his co-founder, Eva Pico have represented and acted on behalf of lenders, global corporations and other market participants across a range of industries including financial services, infrastructure and transportation. As outside counsel, Pico & Kooker, has developed a strong rapport and working relationship with their clients and appropriately work with their in-house teams to increase consistency, processes and procedures. The company employs a unique approach as practical, business minded outside legal counsel who believe in proactively partnering with their clients to achieve desired results while managing and engaging key stakeholders. They listen to their clients to develop customized solutions that best meet their needs while aligning with their objectives, vision and values. Some representative transactions include advising the World Bank on project finance and portfolio options to address the costs and risks associated with integrating renewable power sources. Also advising them as legal counsel, Jonathan developed policies, regulation and models for emerging market governments entering into public-private partnerships. In addition to his work with the World Bank, Jonathan has worked with some of the world’s largest consulting firms, financial institutions and governmental organizations, including the United Nations, the governments of the US, UK and select African countries. Through out his career, he has worked with large, multinational corporations both by consulting in-house and acting as outside counsel on large cross-border transactions. He graduated from Georgetown University’s law school and was admitted practice as a lawyer in New York, England and Wales and, as a foreign lawyer, in Germany. He has written several articles for trade journals and has been cited by several business publications in worldwide. Jonathan is a native English speaker and has high proficiency in German and a functional understanding of Spanish.

ContractsCounsel verified
Founding Attorney
1 year practicing
Free Consultation

I am a solo practitioner and the founding attorney at Uzay Law, PLLC, which provides legal services in O non-immigrant visas, EB-1 and EB-2 NIW employment-based green cards, family-based green cards, citizenship and naturalization as well as contract review, drafting and negotiation for creatives. I am licensed to practice law in Texas. Prior to practicing law, I worked as a producer and film consultant for over fifteen years. I was previously in charge of the film grant program at the Conference on Jewish Material Claims Against Germany where I oversaw the funding of award-winning Holocaust films. I am fluent in English and Turkish.

ContractsCounsel verified
Attorney at Law
24 years practicing
Free Consultation

I am a startup veteran with a demonstrated history of execution with companies from formation through growth stage and acquisition. A collaborative and data-driven manager, I love to build and lead successful teams, and enjoy working full-stack across all aspects of the business.

ContractsCounsel verified
Partner
32 years practicing
Free Consultation

I am a partner in Flatiron Law Group's Emerging Companies and Venture Capital practice based in Silicon Valley. I bring over thirty years’ experience working in private practice and as outside general counsel, advising innovative companies in the software and hardware, wireless/ IoT, and ecommerce spaces through their lifecycle—from formation and launch, through key milestones to exit. I have experience supporting clients across a broad range of transactions, and focus on the intersection of law, business technology and data, providing product counseling and strategic advice to multidisciplinary founder teams.

Find the best lawyer for your project

Browse Lawyers Now

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call