Creating a Liability Waiver

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

From sports to contact activities, liability waivers are an essential legal document for any business. Without them, businesses and individuals cannot be certain that they have the necessary protection from potential liabilities. In this article, Genie AI provides step-by-step guidance and access to its open source legal template library, so that businesses can create comprehensive liability waivers that protect them from any future risks or damages.

A liability waiver is a legally binding document that should be taken very seriously by both parties involved in the activity and should clearly outline the risks associated with it as well as the responsibilities of each side. By having a clear understanding of these risks, both parties are aware of what could potentially go wrong and know what could be in store for them if something does go wrong. This also helps ensure that businesses do not become liable for any damages caused by their negligence in some way - providing peace of mind to all parties involved.

Signing a liability waiver is an important step when engaging in any activity or transaction where there may be potential risk, but it is just one part of protecting your business from future liabilities. It is still essential to take steps such as adhering to applicable laws and regulations to further protect customers and staff alike from harm’s way - this can include additional safety precautions such as making sure equipment operates correctly or has passed safety tests before use takes place.

It is therefore incredibly important for businesses to understand the importance of having a liability waiver in place, taking into account all possible risks posed by the activity at hand - whatever it may be - so that everyone involved can rest assured that they are fully protected against any unforeseen incidents or damages occurring down the line. Genie AI provides free templates covering various scenarios including events management contracts and deals with suppliers – along with detailed guidance on how best to complete these documents safely – so you don’t need to worry about missing a crucial detail while preparing your own waiver agreement contract today! Read on below for further information on how you can get access our community template library today!

Definitions (feel free to skip)

General Liability Waivers: A contract that is used to protect an individual or organization from any potential liability that may arise from any activity or event.

Sports Liability Waivers: A contract that is used to protect an individual or organization from potential liabilities that may arise from any sports-related activity.

Medical Liability Waivers: A contract that is used to protect an individual or organization from potential liabilities that may arise from any medical-related activity.

Negligence: Failure to take reasonable care and act in a way that a reasonable person would act in a similar situation.

Willful Misconduct: An intentional act or omission that is done in disregard of the legal consequences.

Breaches of Contract: A violation of any of the terms or conditions of a contract that results in harm to one of the parties.

Notary Public: An individual who is authorized by the state to witness the signing of documents and to certify that the signatures are valid.

Contents

• Explain the Purpose and Benefits of a Liability Waiver
• Understand the Different Types of Liability Waivers
• General Liability Waivers
• Sports Liability Waivers
• Medical Liability Waivers
• Identify the Parties Involved in a Liability Waiver
• The Person Signing the Waiver
• The Organization Issuing the Waiver
• Define the Terms and Conditions of the Waiver
• Determine Which Liabilities are Covered
• Establish Time Limits for the Waiver
• Include a Statement of Understanding
• Outline the Risks and Responsibilities of Each Party
• Identify the Risks of Each Party
• Specify the Responsibilities of Each Party
• Draft the Waiver Document
• Include All Relevant Information
• Format the Document Properly
• Have the Waiver Document Notarized
• Find a Notary Public
• Have the Signing Party Verify their Signature
• Review and Revise the Waiver as Needed
• Check for Accuracy
• Make Necessary Changes
• Maintain Records of the Waiver and All Parties Involved
• Store the Signed Waiver
• Document the Details of Each Party
• Distribute Copies of the Waiver as Needed
• Send a Copy to the Signing Party
• Maintain a Copy for Your Records

Get started

Explain the Purpose and Benefits of a Liability Waiver

• Understand why a liability waiver is important in certain situations
• Learn the benefits of having a waiver in place
• Identify potential risks that can be mitigated with a waiver
• Research the legal aspects of a liability waiver
• Know when a waiver is necessary for a specific situation
• Be aware of the limitations of a liability waiver

Once you have a thorough understanding of the purpose and benefits of a liability waiver, you can check this step off your list and move on to the next step.

Understand the Different Types of Liability Waivers

• Identify the types of liability waivers that are applicable to your business
• Understand the types of potential liabilities that could be waived with a liability waiver
• Research the applicable state laws to determine what types of waivers are legally enforceable
• Research the specific state laws that may apply to liability waivers
• Become familiar with different types of liability waivers, including general, express, limited, and statutory waivers
• When you have identified the types of waivers that are applicable to your business, you can move on to the next step.

General Liability Waivers

• Research any applicable state or federal laws that may apply, and determine if a waiver is even necessary.
• Create a document that states the risks, waivers, and disclaimers associated with the activity.
• Ensure that the waiver includes a signature line, as well as a witness signature line (depending on the state).
• Make sure that the waiver is dated and is written in a language that is easily understood by all parties.
• Ensure that the waiver is signed by all parties involved.

Once you have completed the above steps, you can be confident that you have created a General Liability Waiver that is legally binding and enforceable.

Sports Liability Waivers

• Identify potential risks or dangers associated with the sport or activity
• Outline a clear description about the sport or activity
• Make sure the waiver is written in plain language, avoiding legal jargon
• Include a written statement of assumption of risk and a release of liability
• Clarify that the waiver applies to all participants including minors
• Make sure to include the parties involved, such as the participant, the activity provider, and any staff or volunteers
• Include a clause to hold harmless any third parties
• Include a date and signature line for the participant or their legal guardian
• Have a lawyer review before distributing

When you can check this step off your list:

• When all of the above bullet points have been addressed and the waiver is ready to be distributed.

Medical Liability Waivers

• Determine the purpose of the waiver: Will the waiver cover medical professionals from liability in case of injury or death resulting from medical care?
• Draft the language of the waiver: Clarify the scope of protection and any other details of the waiver.
• Obtain the signature of the parties involved: Ensure that any individuals signing the waiver are of legal age and understand the scope of the waiver.
• Notarize the waiver: Get the notary to verify the signature of all parties involved in the waiver.
• File the waiver: Store the waiver in an easily accessible place in the event of a legal dispute.

You will know you have completed this step when the waiver is drafted, signed, notarized, and filed.

Identify the Parties Involved in a Liability Waiver

• Identify the parties that will be involved in the liability waiver. This may include the person signing the waiver, the organization that is requesting the waiver, and any other parties involved.
• Make sure to include all required legal information such as the names and addresses of all parties involved.
• Once you have identified all parties involved, you can check this off your list and move on to the next step.

The Person Signing the Waiver

• Identify the person or people who will be signing the waiver
• Obtain the necessary personal information, such as name, address, phone number, and email address
• Ensure that all signatories are of legal age and are capable of understanding the waiver
• Confirm that all signatories are aware of the risks associated with the activity and are voluntarily waiving their rights
• Once all the signatories have provided the necessary information and have signed the waiver, the process is complete and the waiver is legally binding.

The Organization Issuing the Waiver

• Research applicable state laws to determine what type of organization is required to issue waivers.
• Decide whether to establish a new entity or use an existing one to issue the waiver.
• Determine the name of the entity that will issue the waiver.
• If needed, register the entity in the applicable state.
• Make sure the entity has the necessary authority to enter into contracts or other legal documents.
• When you have completed the steps above, you can check this off your list and move on to the next step: Define the Terms and Conditions of the Waiver.

Define the Terms and Conditions of the Waiver

• Decide what language your waiver should use to protect your organization from potential legal risks
• Make sure to include any terms and conditions that your organization requires in the waiver, such as the scope of liability, indemnification, and any other provisions
• Make sure to provide a clear explanation of the liability that is being waived and the rights of the individual signing the waiver
• Include a signature line for both the signing party and a witness to the signing of the waiver
• Once you have finalized the language and terms of the waiver, you can check this step off your list and move on to the next step.

Determine Which Liabilities are Covered

• Identify the potential liabilities of the activities covered by the waiver
• Decide which of these liabilities should be covered by the waiver
• Make a list of all the liabilities that will be included in the waiver
• Clearly establish the limits of liability and the scope of the waiver in the document
• When all the liabilities have been identified and included in the document, you will have completed this step of the process and can move on to the next step of establishing time limits for the waiver.

Establish Time Limits for the Waiver

• Research applicable laws in your state or country to determine how long a waiver should remain in effect
• Decide on a time frame for the waiver to remain valid, such as 1 year from the date of signing
• Specify this time frame in the waiver document
• Once you have determined the time frame, you can check this step off your list and move on to the next step.

Include a Statement of Understanding

• Make sure your liability waiver includes a statement of understanding that the signing party is consenting to the terms and conditions of the waiver.
• You may also want to include a statement that the signing party agrees to release the other party from any liability or responsibility.
• Make sure the statement of understanding is written clearly and that the signing party is aware they are consenting to the terms of the waiver.
• Once the statement of understanding has been included in the waiver, you can check this step off your list and move on to the next step.

Outline the Risks and Responsibilities of Each Party

• Break down each party’s risks and responsibilities in detail
• List any potential risks of injury or death
• Make sure to cover any potential financial losses
• Make sure to include the responsibility of the signer
• Make sure the signer understands the waiver, and is aware of the risks and responsibilities
• Include any other information that you deem necessary
• When you complete this step, make sure you have a clear understanding of the risks and responsibilities of each party in the liability waiver.

Identify the Risks of Each Party

• Examine the activity, event, or service to be offered and identify any potential risks
• Consider the following when identifying risks:
• The activity or event
• The environment or location
• The people involved
• Create a list of the risks associated with each party
• You can check off this step when you have a comprehensive list of all potential risks associated with each party
• This list will be used to create the liability waiver.

Specify the Responsibilities of Each Party

• Outline the responsibilities of each party, including what they are responsible for, what they are not responsible for, and the consequences of not abiding by the waiver
• Make sure each party understands their responsibilities, and that they are willing and able to uphold them
• List down any rules each party must agree to, such as not engaging in any kind of legal action against the other
• Document each party’s signature agreeing to the outlined responsibilities
• When all parties have signed and agreed to the outlined responsibilities, you can check this off your list and move on to drafting the waiver document.

Draft the Waiver Document

• Make sure to include the name of the parties involved in the waiver
• Include a statement that releases the other party from liability
• Create a section detailing any risks associated with activities covered by the waiver
• Indicate if the waiver is for a specific event or is ongoing
• Specify the date and location of the event or activity
• Include a witness signature for additional protection
• Get the waiver signed by the parties involved
• Once all parties have signed the waiver, the document is ready to be distributed.

Include All Relevant Information

• List the purpose of the waiver and any language that explains its use
• Provide the name and address of the organization or business that owns the property/activity covered by the waiver
• List the names and addresses of all parties involved in the waiver
• Include contact information of the parties involved
• Include a description of the activity, property, or risk covered by the waiver
• Include a statement that acknowledges that the activity can be dangerous
• Clearly outline the risks of the activity and any potential harm
• Explain that the signer of the waiver is giving up their right to sue for any damages
• Include a line for the signer’s signature and a date line
• Once all of the above information is included in the waiver document, it is ready to be formatted properly.

Format the Document Properly

• Choose a standard format for the document such as Times New Roman font size 12 with 1-inch margins.
• Use a separate page for each section of the document.
• Include a header and footer on each page of the document.
• Use a double-spaced format with a line between each section.

Once you have completed formatting the document properly, you can move on to the next step, which is to have the waiver document notarized.

Have the Waiver Document Notarized

• Locate a notary public in your area.
• Bring the liability waiver document to the notary with valid identification.
• Sign the document in the presence of the notary.
• Pay the notary fees for their services.
• Receive the notarized document.
• Once the document is notarized, you can check this step off your list and move on to the next step.

Find a Notary Public

• Make sure the notary public you choose is licensed in your state and qualified to notarize documents
• Contact the notary public and make an appointment to have the document notarized
• Bring the document to the notary and make sure they have the appropriate forms and credentials
• Sign the document in the presence of the notary, who will witness your signature
• When the notary has finished the process, they will provide you with a copy of the notarized document.

You will know you have completed this step successfully when you have a copy of the notarized document in your possession.

Have the Signing Party Verify their Signature

• Have the signing party read the document thoroughly
• Have the signing party verbally verify their signature on the document
• Ask the signing party to sign the document again, if necessary
• Once the signing party has verified their signature, you can move on to reviewing and revising the waiver as needed.

Review and Revise the Waiver as Needed

• Check the document to ensure that all terms and conditions are accurate and legally binding.
• Review and make any necessary changes to the waiver, such as updating contact information, and have the signing party verify these changes.
• Ensure that all parties involved have read, understood, and agreed to the terms and conditions of the liability waiver.
• Once everything has been reviewed and revised, you can be sure you have a document that is accurate and legally binding.

Check for Accuracy

• Read the waiver thoroughly to ensure accuracy of information
• Check all names, addresses, dates, and other details for accuracy
• Verify that all sections of the waiver are complete
• Make sure all necessary signatures are present
• When satisfied with the accuracy of the waiver, you can proceed to the next step.

Make Necessary Changes

• Make sure the liability waiver includes the language necessary to protect all parties involved
• Ensure that the language is clear and easy to understand
• Make any changes necessary to the liability waiver to ensure that it accurately reflects the agreement between the parties
• Once all necessary changes have been made, review the liability waiver to ensure that it is accurate and that it accurately reflects the agreement between the parties

Maintain Records of the Waiver and All Parties Involved

• Maintain a copy of the signed liability waiver and the contact information of all parties involved
• Create a system to store and keep track of all the paperwork, i.e., a dedicated folder in a filing cabinet or in a digital document management system
• Ensure that all parties involved have a copy of the signed liability waiver
• Make sure that the record-keeping system is secure and easy to access
• When you have successfully stored all the paperwork, you can check this off your list and move on to the next step.

Store the Signed Waiver

• Ensure that the signed waiver is stored in a secure, private location
• Scan the signed waiver and store it digitally in an encrypted file
• Make sure to save the original signed paper copy in case of a dispute
• You can check this step off your list when the signed waiver is securely stored in both paper and digital form.

Document the Details of Each Party

• Gather the necessary information about each party involved, including the names, addresses, contact information, and other relevant details
• Make sure any signatures are properly documented, including the date and the parties involved
• Include all necessary details in the waiver, such as the purpose of the waiver and any potential risks or liabilities
• Double-check all information to make sure it is accurate and complete
• When all details have been properly documented, you can move on to the next step of storing the signed waiver.

Distribute Copies of the Waiver as Needed

• Make a copy of the liability waiver for each party who needs to sign it
• Deliver the waiver to the signing party in person or by mail
• Obtain a signed receipt of delivery for each liability waiver

Once you have distributed copies of the waiver to the appropriate parties and obtained a signed receipt of delivery, you can move on to the next step.

Send a Copy to the Signing Party

• Provide a copy of the liability waiver to the party that will be signing it
• Ensure that all necessary information is included in the waiver, such as the date, the names of the parties involved, and a description of the risks being released
• If the waiver is being signed electronically, provide the necessary instructions for completing the waiver
• If the waiver is being signed in person, ensure that the signing party reads the waiver and understands its contents
• When the waiver has been sent, you can check this step off your list and move on to the next step: maintaining a copy for your records.

Maintain a Copy for Your Records

• Make a copy of the signed liability waiver for your records
• Store the signed document in an organized and secure location
• Make sure to back up the document in case of potential loss
• You can check this step off your list once you have a copy of the signed liability waiver stored in a secure location and backed up.

FAQ:

Q: Will I need to update my liability waiver often?

Asked by Alicia on June 4th, 2022.
A: It depends on your industry, sector and business model. Generally speaking, if there are changes to the legal landscape in your area or changes to the services you provide, it’s a good idea to update your liability waiver accordingly. In some cases, you may need to update your waiver every few years or so. That said, it’s important that you keep up with any relevant laws and regulations in your area to ensure that your waiver is legally binding and up-to-date.

Q: What differences are there between waivers in the USA and UK?

Asked by David on May 15th, 2022.
A: Generally speaking, the main difference between waivers in the USA and UK is that in the UK, the waiver must be signed by both parties in order for it to be legally binding. In the USA, this is not always required as long as the waiver is clear and unambiguous. Additionally, depending on where you are based, there may be other differences in terms of language or specific legal requirements that must be met in order for a waiver to be valid. It’s important to seek legal advice when creating a waiver to ensure that it meets all necessary requirements.

Q: Do I need a liability waiver if I’m operating a SaaS business?

Asked by Jameson on April 11th, 2022.
A: Yes, it is highly recommended that all SaaS businesses have a liability waiver in place. This protects both you and your customers from any potential legal issues related to services provided by your business. Additionally, liability waivers can help protect your business from frivolous lawsuits and other costly legal issues that could arise from providing services without proper protection.

Q: Is there a standard form for creating a liability waiver?

Asked by Taylor on March 3rd, 2022.
A: Generally speaking, no - there is no one-size-fits-all form for creating a liability waiver. Each business should create its own unique liability waiver based on its particular needs and circumstances. It’s important to seek legal advice when creating a waiver to ensure that it meets all necessary requirements and that any language used is legally binding in the jurisdiction where it will be used.

Q: Are there differences between EU law and US law when it comes to liability waivers?

Asked by John on January 7th, 2022.
A: Yes, there are significant differences between EU law and US law when it comes to liability waivers. In the EU, for example, waivers must be clear and unambiguous in order for them to be legally binding - whereas in the US they do not necessarily need to be signed by both parties in order for this requirement to be met. Additionally, certain language used within the waiver may have different meanings depending on which jurisdiction it is being used in - making it essential that legal advice is sought when creating a liability waiver for use within multiple jurisdictions.

###Q: Are there specific laws I should take into account when drafting my liability waiver?
Asked by Ella on August 14th, 2022.
A: Yes - when drafting a liability waiver, you should make sure that you are taking into account any relevant laws and regulations applicable to your industry or sector as well as any applicable laws within the jurisdiction where the waiver will be used. Additionally, you should also make sure that any language used within the waiver is clear and unambiguous so that it is legally binding wherever it is used. It’s important to seek legal advice when creating a liability waiver so that you can be sure that all necessary requirements are met and that your business is protected from any potential legal issues down the line.

Example dispute

Suing a Company for Referencing a Liability Waiver

• Review the relevant legal documents to ensure that the waiver is valid and enforceable.
• Identify any information or actions which could be construed as the company not honouring their responsibilities as outlined in the liability waiver.
• Determine if settlement can be reached out of court or if the plaintiff needs to pursue a lawsuit.
• If damages are applicable, calculate the amount of damages the plaintiff is entitled to, based on the terms of the liability waiver.
• Present evidence to the court that the company failed to abide by the terms of the waiver, causing the plaintiff to suffer a loss.

Templates available (free to use)

Employee Liability Waiver And Indemnification Contract
Employee Liability Waiver And Indemnification Contract California

‍