Free Release Of Liability Form Template
A release of liability is handy when people engage in activities that pose known risks. Event organizers use the document to let the participants assume responsibility for participating in those activities. Recreational facilities often have a brief version of the contract on the back of entry tickets.
By signing the document, you waive your right to sue or seek compensation from the releasee for any damages you incur. This is similar to signing a medical liability waiver stating that you understand and accept the risks of a medical procedure.
Of course, signing a release of liability does not acquit anyone of gross negligence or intentional harm. Some claims may still be viable. Therefore, you must make your release of liability documents as foolproof as possible to prevent frivolous claims against you or your establishment.
Let’s discuss the document’s properties, pros and cons, and how you can prepare yours.
Properties of a Release of Liability
A release of liability involves two parties—the person relinquishing their right to claims (the releasor) and the person being released from potential claims (sometimes called the releasee). It is also called a Waiver Agreement, a Liability Waiver, or a Legal Waiver.
It should be easy to read and not contain ambiguous or unclear language. The releasor should understand which rights they waive and which ones they retain. Ensure your document includes the following sections.
- Describe the activity and potential risks: When participants know how much they risk, they make informed decisions. Otherwise, they may sue you based on the waiver not adequately representing the dangers involved or that they were not aware of every inherent risk.
- A statement of voluntary assumption of the risks: This section contains a clear statement by the releasor that they accept responsibility for the risks you have detailed in the first section. They are, in effect, saying that they willingly participate in the activity and consent to bear the consequences of their involvement.
- A release of liability statement: This is the central clause in the agreement. It is where you explain that the individual accepts full responsibility for their participation in the activity and will not hold you liable for any injuries or losses except in cases of gross negligence or malice. Clarity is key.
- Indemnification clause: Including this clause shifts the responsibility for any losses to the releasor. For example, the contract may require that the indemnifier (indemnitor) shoulders the releasee’s legal costs if they file a lawsuit. The court’s decision may differ depending on the facts of each case.
- No admission of wrong: Both parties agree that signing the document is not an admission of wrongdoing.
- Signatures: Both parties should sign the document. If the participant is a minor, their parent or legal guardian signs the agreement.
Sometimes, people sign a release of liability after sustaining damages. For example, if you are involved in a car accident, you and the at-fault party can negotiate a settlement. In this case, the release document would include how much you receive for the damages and a commitment not to seek further claims.
How to Write a Legally Binding Release of Liability
It’s not enough to write a release of liability and sign it. You want it to be admissible in court and to limit as many claims against you as possible.
Abide by the Legal Requirements
The requirements differ by location. You may need to have your document notarized and registered with a local department. Seek a lawyer’s advice to ensure your document is legally sound. Remember that some states, such as Louisiana, do not always enforce legal waivers signed in advance, and parents cannot sign away their child’s right to pursue compensation.
Outline the Governing Laws
Since laws differ, your document will serve you better if it defines the applicable laws for implementing its terms.
Choice of Forum
If you do not choose how and where to resolve disputes arising from the agreement, you may have claims and lawsuits all over the place, some even abroad, depending on the scale of your business.
Do Not Leave Blank Spaces
Ensure you fill in every section. If you are using a template with optional sections you do not need, you should delete them.
No Duress
The contract is void if one party does not consent. Depending on your local laws, participants may need to declare that they are of sound mind and under no duress when signing the document.
Pros and Cons of a Release of Liability
Having people sign a release of liability has benefits, but it can also present some challenges, as demonstrated in the table below.
| Advantages | Disadvantages |
| Limits lawsuits | It may not always be enforceable. |
| Allows people to participate in activities they love | There is a risk of waiving too many rights |
| Reduces the cost of running your business by limiting claims | It may deter participants who equate the need to sign a waiver with too much risk |
| Let participants evaluate risks beforehand | It may seem unethical when injuries are extensive. |
Without a release of liability, your business may be open to numerous claims and lawsuits. Creating the document takes little time but can affect your company’s future. To determine whether you need a release of liability form, evaluate the dangers inherent to your business. If you risk constant claims and legal battles, you should prepare a contract and have customers sign it. Use Easy Legal Docs’ free templates to create this and other legal forms conveniently at home.
Article written by
Senior Writer | Experienced Paralegal | 79 Articles
Dena Standley is an experienced paralegal based in Houston, Texas and has over a decade of experience working as a paralegal with trial lawyers and law firms. She is passionate about making legal processes more accessible and helping people understand and navigate complex legal matters with confidence.
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