What should a liability waiver say?
A liability waiver is a legal contract where a participant agrees to give up their right to sue a business or organizer for injuries or damages.
Key Language Components
A legally sound waiver using simple, clear language should include these sections:
- Introductory Statement: Tells the participant to read the form carefully and understand that they are accepting risks before joining the activity.
- Acknowledgment of Risks: Lists specific, inherent dangers tied to the activity so the participant knows what hazards exist.
- Release of Liability: States clearly that the participant releases the organizer and staff from responsibility for injuries, illness, or death, including those caused by ordinary negligence.
- Covenant Not to Sue: Explicitly states the participant promises not to bring a legal claim or lawsuit against the released parties.
- Indemnification Clause: Requires the participant to pay back the business for any legal costs or attorney fees if they break the promise and sue.
- Governing Law: Names the state or local jurisdiction whose laws apply to the agreement.
- Signature and Date: Captures the participant's legal signature, date, and a parent or guardian signature if the participant is a minor.
You can review a standard layout and structure through the WaiverSign Blog Guide or check out formal templates via DocuSign Templates.