These days, you can find a waiver for just about every situation. Especially when it comes to any tourism activity and inviting people onto your property, you must ensure they sign a liability form. This form helps to release you from providing compensation for any damage inflicted. Below, we’ll look more in-depth at this agreement and when you should use it. We’ll also explore what should be included in such waivers.
What Is an Accident Waiver and Release of Liability Form?
A release of liability form is also known as an accident waiver. It’s a form that ensures the signer understands the risks and possible damage inherent to completing an activity. When people sign the form, they release the company or individual offering the activity from all responsibility or compensation if the signers are injured on their property.
Stated in simple terms, the signer accepts all possible risks inherent to the activity they’re about to complete. They agree not to hold the company offering the activity responsible for any injuries they might gain. This form protects the company or individual offering an activity where there’s any chance of injury from being held liable for the injury.
When Is an Accident Waiver and Release of Liability Form Used?
An accident waiver or release form is used with adventure tourism activities. It can also be used for any activity that can possibly cause damage to the participant, for example, personal training or equine activities. Companies also use it when offering a trip or outdoor activity. Any activity where there are some risks involved uses this form to protect the company. Examples include rock climbing, skydiving, zip lining, bungee jumping, and many others. These are all examples of activities that’ll require people to sign that they understand the possible risks.
Essentially, any time someone goes on your property to complete an activity you provide, it’s best they sign a liability waiver. With this form, they agree to accept the dangers and resolve responsibility. By signing such a form, you can avoid lawsuits or needing to provide compensation if a participant is injured. It’s only possible if they sign they understand the risks and accept the responsibility of their persons while on your property.
What Should Be Included in an Accident Waiver and Release of Liability Form?
Below, we’ll explore vital information you should include in an accident form and liability release waiver.
- Full names and addresses of both parties
- Definition of terms used in agreement
- Explanation of possible risks
- Clear agreement of indemnification
Full name and addresses of both parties
The first section should outline the participant’s full name and address, so you can see to whom this form pertains. Ensure that a group never collectively signs a liability agreement and that each signs their own agreement. This is also the section where the company or individual offering the service is clearly stated. That includes listing the registered address of the company and the property the activity is held at, should it be different from the registered address.
Definition of terms used in agreement
If legal terms or jargon are used in the agreement, clearly state in a small glossary what each term means. Instead of using the participant’s name throughout the form, you can use “you” and define in the glossary that “you” refers to the signer. This glossary helps avoid any misunderstandings and provides transparency in the agreement.
Explanation of possible risks
It’s essential to outline any possible risks the participant will experience clearly. Otherwise, it can be used as a loophole to sue the company. If the participant states that you didn’t warn them about a specific danger, it can be grounds for a lawsuit. As such, in this section, you need to consider situations that can happen while completing the activity and any damage that can happen while completing the activity.
Clear agreement of indemnification
In the last section, you clearly state that the signer understands all possible risks and agrees not to hold you liable for any injuries or damage they incur while on your property. This part is one of the most critical sections, as it’s the bit that’ll ensure you or your company is protected from providing compensation for finding yourself embroiled in a lawsuit.
Final Thoughts
An accident waiver or a release agreement/liability form is a binding agreement to protect any company offering an activity on their property. It’s important to ensure guests sign this form to resolve any potential damage and compensation in the case of something happening. PandaDoc Waivers is a free service for you to create your own waivers and send them to clients. Try PandaDoc Waivers now for a fast, secure, and free solution to your waiver needs.
