Risks are always present in every activity that we do, and even in activities that we organize for a variety of purposes. And while participants are already aware of those risks and be a good sport about it, it’s still important to inform and make them accept those risks using an activity release of liability or waiver. Learn more about why it is so essential when holding activities and how these liability releases will save you from unwarranted claims and demands. Read More
What Is an Activity Release of Liability (Waiver)?
An activity release of liability or waiver is a form that participants sign to prove that they’re fully aware of the inherent risks and potential risks in participating in such an activity—whether it’s a sporting event or camping trip. And aside from that, it also certifies their willingness to assume full responsibility for any personal injuries from being negligent as well.
Besides letting a participant assume the responsibility of participating in our activities, this liability release also gives us exclusive rights to photos and videos while documenting the whole activity or event. And, it also allows us to use these images and likeness for promotional and advertising purposes without incurring any liability as well.
Nevertheless, an activity release of liability or waiver saves us from being liable for personal injuries and damages—from accidents or negligence by the participant. This liability release or waiver must be completed by participants before allowing them to take part in any activities that we hold.
How To Make an Activity Release of Liability (Waiver)
Any activity or event that we organize always have their inherent and potential risks, regardless if it’s held indoors or outdoors. And despite preparing all the necessary precautions and emergency response measures, it’s always important to add an extra layer of protection and security to us and our business. Now, here are some tips on how you can make an activity release of liability or waiver for your activities, and require participants to sign it.
1. Review State and Federal Laws
Activities and organized events are governed by many state and federal laws to ensure the safety of the participants as well as of the public. What’s more, these laws also determine the extent of your liability as an organizer, as well as its inclusions. So, it’s always necessary to check these out before writing an activity release of liability or waiver for any of your activities. You can easily do this by reading copies of these laws on the world wide web.
2. Define the Activity and the Event
Next off, you must define what your event is all about, its purpose, as well as its activities. Doing this allows you to invite the right people to your activity and reduce the chance of incurring any liabilities from accidents. And, It also allows the public to make the necessary preparations if they plan to try on these activities as well. You can do this by indicating the type of event, activity, and your business as the organizer, on the header of the waiver. To make things easier, apply this same step to your promotional materials as well.
3. Outline the Terms and Conditions of the Waiver
The terms and conditions of the activity release of liability or waiver define where your liability, as the activity’s organizer, starts and ends. And, it also makes the participants aware of their responsibilities in the activity as well. To do this, you must outline specify the participant’s full assumption of the risks during the normal course of the activity, and waive your business’s responsibility for these risks. Additionally, you must also include the participant’s compliance with the activity’s rules and regulations, and a media release waiver as well.
4. Include General Provisions
General provisions outline and define a liability waiver’s validity. So don’t forget to include these provisions in making an activity release of liability or waiver for any activities that you plan. You can do so by drafting clauses like a severability clause, as well as clauses on how the waiver should be interpreted and what laws govern the waiver.
5. Let The Participant Sign the Waiver
Signing the activity release of liability or waiver allows a participant to take part in the activity that you hold. Moreover, anyone who wishes to participate is required to sign this waiver before they can do so. And if your activity and its policies allow for such, don’t forget to include a form where a parent or guardian of a minor can sign and agree on the terms and conditions of this waiver. Make sure signing this waiver is mandatory to lessen the risk of incurring liabilities while holding your activities.
Frequently Asked Questions
In what activities should we need an activity release of liability or waiver?
Activities where the risk of personal injury or damage will require the signing of an activity release of liability or waiver. These activities can be but are not limited to outdoor activities, sporting events, and extreme sports and adventure activities.
What if a participant refuses to sign the activity release of liability or waiver?
Activity releases of liability or waivers are required from a participant if they wish to participate in a certain activity. However, they will be barred from participating if they wish to do the opposite. Besides, they can also be liable for trespassing if they still participate without permission or signing such a waiver.
Who can make an activity release of liability or waiver?
Organizers and businesses who are organizing high-risk activities or are operating high-risk recreational activities are required to let their clients sign an activity release of liability or waiver. These waivers can be made and used by adventure tourism or guides, sporting event organizers, amusement park operators, etc.
Are activity releases of liability or waivers legally binding?
Yes, as long your policies are not in conflict with public safety and interests. However, you may suffer the liability for damages and personal injuries, as well as other violations, if your waiver and business’s policies are contrary to public safety and interest.
While organized activities might be fun and profitable at the same time, risks that are inherent in them come out unexpectedly and may happen from time to time. And despite implementing preventive and precautionary measures, signing an activity release of liability or waiver should be mandatory. This will protect you and your business from any liabilities that result from the participant’s negligence and irresponsibility, and remind everyone to abide by your policies for their safety.