Waiver of liability is an agreement not to be sued for an event.You can sign a waiver of liability before sky diving.You agree not to file a lawsuit against the company that offers sky diving if you sign the Waiver.You should find examples of waivers used by other businesses in your industry to draft an effective Waiver of Liability for your business.You need to make sure that your Waiver contains essential provisions.
Step 1: If you have questions, you should talk to a lawyer.
It should be easy to draft a waiver.You may have questions along the way.If you want the waiver to be legal, you need to consult with a qualified attorney.You can get a referral if you don't have a lawyer.You can show the lawyer a finished draft.
Step 2: You can find waivers in your industry.
There are slightly different needs for waivers in each industry.Waivers for volunteers who work in a homeless shelter are different from waivers for sky diving companies.You can find waivers used by competitors in your industry.You should check the Internet to see if there are any samples.You can search forwaiver form sky diving or volunteer homeless shelter.
Step 3: The document needs to be format.
A blank word processing document can be used to draft a Waiver of Liability.The style and size of the fonts should be set.The Times New Roman 12 point is typical, but you should also mix up the sizes for important provisions.Many waivers use bold to highlight important information.Important information may be put in all caps or in a larger style than the rest of the document.
Step 4: The document needs to be titled.
The title should be at the top of the page.Something like "Accident Waiver and Release of Liability Form" should suffice.The title should be centered between the left and right margins.The title should be bold.
Step 5: The signer should read the waiver carefully.
There is a warning below the title that the signer should read carefully.You can change the size of the warning to 14 point.Please read carefully!This document affects your legal rights.
Step 6: The date the waiver is executed should be included.
You can fill in the person's name and date with your waiver, if you set it up as a template.You can make copies of the template and write about it.The sample language states that the Waiver of Liability was executed on blank lines for the date and the customer's name.
Step 7: Tell us about the risks of your activity.
You force the signer to understand why the activity is dangerous by including this information.He or she can make a decision about whether or not to participate in the activity.The person signing the waiver should write it in the first person.I acknowledge that this activity may involve a test of a person's physical and mental limits.I acknowledge the possibility of serious injury, death, or property loss.The risks include, but are not limited to, those caused by terrain, facilities, weather, temperature, dehydration, and the condition of equipment and vehicular traffic, as well as the actions of other people.
Step 8: The presumption of risk clause should be included in the waiver.
Legally, people can participate in a dangerous activity and assume the risk of injury.They know of the risks and assumed them anyway, so they can't blame someone else when they get hurt.The signer assumes the risk in the clause.You could write: "I assume all of the risks of participating in this activity, including (as examples and not by way of limitation): any risks arising from carelessness on the part of entity being released, from dangerous equipment or property owned, controlled."
Step 9: A hold harmless provision should be included in the waiver.
To be effective, you need to use these words in your waiver.The signer agrees not to file a lawsuit if you agree to be held harmless.Sample language states: "I hereby release and forever discharge and hold harmless your company's successors and assigns from any and all liability claims, as well as demands of whatever kind or nature, in either law or equity, that arise or may arise from my."
Step 10: Which injuries are covered by the release.
It is not necessary for you to include this information.List the types of injuries someone would likely file a lawsuit for.If you don't know, ask other businesses in your industry what kinds of injuries customers have sued them for.I understand that this release discharges your company from any liability or claim that I may have against it with respect to any bodily injury, personalinjury, illness, death, or property damage that may result from my activities with you.
Step 11: You don't give insurance for participants.
Some participants might think that you have insurance for your customers.The provision should say that you don't provide insurance.Unless you agree in writing, your company's name does not carry or maintain medical, health, or disability insurance coverage for its participants.I am encouraged to get my own medical or health coverage.
Step 12: There is a provision on using the signer's likeness.
It is possible to photograph or videotape your activity.As part of an effort to promote your business, you might make a video and post it online.You should include a release for using someone's likeness because you can't do it without their permission.You could type, "I hereby grant and convey all right, title, and interest in any and all photographic images and video or audio recordings made by your company during my participation, including but not limited to any royalties, proceeds, or other benefits derived from such photographs."
Step 13: Explain how the Waiver should be interpreted.
A court will interpret the law in a certain way.It doesn't hurt to include a clause stating that the waiver will be interpreted broadly.This Waiver shall be construed broadly to provide a release and Waiver to the maximum extent permissible under applicable law.
Step 14: There is a "severability clause" in the waivers.
If a judge finds that one part of a contract is invalid, the entire contract will be thrown out.You should include a severability clause.The rest of the agreement will remain in force if one part is invalid.I agree that if any clause or provision of this Waiver and Release is found to be invalid by any court of competent jurisdiction, the remaining provisions will not be affected.
Step 15: A choice of law provision can be added to the waiver.
A judge will have to decide if the signed waivers prevent the lawsuit.The judge has to interpret the waivers.The interpretation of the contract can be decided by state law.Businesses choose the law of the state where they are located.A sample choice of law provision states: "I agree that any and all claims or litigation arising from my participation in this activity will be governed by the laws of the state of Kentucky."
Step 16: The signer read the waiver.
It is possible to include a few sentences above the signature line to make it appear that the person has read it and understood it.The signer won't be able to claim that he or she signed it without really understanding it.You can type the following above the signature line: "I have read this document and I fully understand its content."I am aware that this document is a contractual release from liability and that I sign it myself.
Step 17: You can add signature lines to the Waiver.
Put a line in for the participant to sign.There is a line for the date.Each participant needs to sign their own waiver.Each person should sign a waiver if a couple comes to your business.You might want to have a witness sign as well.In case of a lawsuit, this person could testify that the participant signed the waiver out of his or her own free will.A line for the witness's signature is included if you want a witness to sign.
Step 18: The person should read the Waiver of Waiver.
It's important that the signer reads the Waiver before signing it.Before a person takes part in a risky activity, they should read and sign the waivers.Take a few minutes to read the Waiver so that you understand it.Don't rush them to sign.Sit and wait for them to finish.Ask any questions they may have.
Step 19: There are copies of the signed waiver.
Take a picture after the person signs.You should give the participant a copy of the waiver if you hold onto the signed original.You can store your waivers in the same place.