Waiver and Release: Similarities and Differences
There are many documents signed in business that are necessary to assign roles and protect against unexpected circumstances. One of such documents is a liability waiver form. It is a legally binding agreement. The document is signed by the company and a participant in a particular event (business, entertainment, sports, etc.).
The fact is that some organizations provide services that lead to injuries due to negligence. The above agreement gives the client full information about the risks s/he assumes. There can be a good example of using such a document when a company is engaged in teaching horseback riding, rock climbing, or skydiving. These are just a small number of activities where clients can be injured or otherwise harm themselves.
What is a Waiver of Liability?
A waiver of Liability is a formal document that reduces the number of claims for negligent services filed against your organization. Injured clients are responsible for all damages incurred during an event, lesson, or other events on their own. However, the document does not relieve you of liability in all cases. You will only protect yourself from lawsuits if there is ordinary negligence. If there was a gross mistake or intentional infliction of harm, you will have to face the consequences.
A release of liability form is a similar term. It is a legally binding document, signed to transfer the risk to the client. However, there is a subtle point: if you have certain problems, you can pass the responsibility to a third party. In other words, the losses will be compensated by other organizations and people.
Requirements for Liability Waiver Form
Waiver and release forms are not accepted in all jurisdictions. Before drafting and signing the document, make sure it is legal in your country (state).
For a waiver of liability agreement to be considered by a court, it must be specific, clear, and concise. There should be no small print, no off-the-wall language that can be interpreted in different ways.
You need to make sure that the client has signed the agreement. If it is only signed by you, it has no legal effect. In some cases, the client refuses to sign the document. If this has happened in your situation, exercise your right and keep him/her out of the event.
Keep in mind that the release of liability form should only be signed by adults. If a child or teenager participates in the event, the signature of his parents or guardians is accepted. But you need to check with the regulatory agencies in your jurisdiction on this point.
Some Tips on Drafting a Release of Liability Form
Use release from liability template so as to avoid making mistakes in the drafting process. The peculiarity is that it already contains the points necessary for drawing up an agreement. It is enough to enter personal data and some conditions concerning your business. If you decide to draw up the document yourself, then follow some simple recommendations:
- Avoid legal jargon. All sentences should be simple and understandable to the average client;
- Use a standard font and large character size. You don’t need to make small footnotes that are easily overlooked;
- Do not provide the client with a form that has blank spaces. Otherwise, s/he may claim that you have added additional terms that s/he is not satisfied with.
After signing the liability waiver form, you can provide the client with the agreed services in full. The document will protect you from lawsuits related to injuries sustained during the event you organized.
Where Can a Release from Liability Template Be Found?
A release from liability template can be found on thematic websites. If you want to continuously have access to templates, then use the appropriate software. Manufacturers produce various types of software that are aimed at automating and simplifying document flow. One of the most popular software options is Pandadoc. Its advantages include ease of working with documents, a simple interface, and multiplatform support.
After installing Pandadoc, you can use all the templates built into the software. This will speed up the process of creating and signing documents.
Waiver software enables you to quickly process all workflows and free up time for other tasks. Thanks to the free distribution of the application, you can always get acquainted with the functionality and understand whether it meets your needs.