Creating a Release of Liability Agreement

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

Creating a Release of Liability Agreement is an essential part of business, personal and governmental life. This legally binding document allows two parties – the releasing party, and the released party – to enter into a contract in which one waives any legal responsibility for any damages caused by the other. The Genie AI team understands that having a comprehensive understanding of these agreements can provide significant protection for all involved - something that’s vitally important if something does go wrong during a project or activity.

When creating a Release of Liability Agreement, it needs to be clear what exactly is being released from liability. A list of all the parties involved should be included, as well as any activities or events covered by the agreement. It should also include language making it clear that it is legally binding and disputes can be resolved in court if necessary; plus, most importantly, must feature a signature page from all participants.

Whether used between businesses and vendors or between individuals participating in an event or activity; Release of Liability Agreements are extremely beneficial when correctly drafted – providing protection against legal liability outside their control. Governments may also use such agreements with contractors to help guard themselves against potential legal issues arising throughout projects under way.

At Genie AI we provide free templates to help people draft high quality documents without having to pay expensive lawyer fees - our community template library has millions of data points showing what makes up market-standard agreements like Release of Liability Agreements. Without requiring an account with us, our guide offers step-by-step advice on how to create your own agreement tailored towards your circumstances - so you have peace-of-mind that you have accurate legal cover in place if needed. Ready to learn more? Read on below for further details today!

Definitions (feel free to skip)

Name of each party: The full legal name of the person or persons involved in the agreement.

Address: The physical location of the person or persons involved in the agreement.

Contact Information: Information that can be used to contact the person or persons involved in the agreement, such as their phone number or email address.

Date of Agreement: The day on which the agreement is signed and goes into effect.

The terms of the Agreement: Specific details that are agreed upon by the parties involved in the agreement.

Description of the Release: A detailed explanation of what is included in the release and what is not.

What is excluded from the Release: A list of what is not included in the release, such as certain types of damages or losses.

List of any exceptions to the Release: Any exceptions to the release that the parties have agreed to.

State or Country: The geographic region in which the agreement is being entered into.

Applicable Laws: Legal rules that apply to the agreement.

Severability Clause: A clause in the agreement that specifies the conditions under which the agreement remains valid, even if one of the parties breaches the agreement.

Signatures: Written or digital marks that are used to validate an agreement.

State Laws: Legal rules that are specific to a particular state or country.

Contents

• Definition of a Release of Liability Agreement
• Identifying the Parties Involved
• Name of each party
• Address
• Contact Information
• Listing the Relevant Details and Overview of Agreement
• Date of agreement
• The terms of the agreement
• Establishing the Scope of Release
• Description of the release
• What is excluded from the release
• Outlining the Exceptions to the Release
• List of any exceptions to the release
• Specifying the Jurisdiction of the Agreement
• State or country
• Applicable laws
• Explaining the Severability Clause
• What is included in the clause
• How it affects the agreement
• Requiring Signatures to Make Agreement Valid
• Who needs to sign
• Where the signatures need to be placed
• Ensuring Compliance with State Laws
• Review applicable laws
• Update the agreement if necessary
• Providing Advice on How to Store and Retrieve the Agreement
• Create a secure location for the agreement
• Establish a system for retrieval and archiving

Get started

Definition of a Release of Liability Agreement

• Understand the purpose of a Release of Liability Agreement
• Learn the legal implications of using a Release of Liability Agreement
• Familiarize yourself with the state and federal laws that apply to Release of Liability Agreements

Checklist for this step:

• Understand the purpose of a Release of Liability Agreement
• Learn the legal implications of using a Release of Liability Agreement
• Familiarize yourself with the state and federal laws that apply to Release of Liability Agreements

Once complete, you can move on to the next step: ## Identifying the Parties Involved.

Identifying the Parties Involved

• Identify the parties to the agreement: who is the releasor, and who is the releasee?
• Specify the full name and address of each party so that the agreement is properly executed.
• Consider any special circumstances that may be relevant to the agreement, such as if the releasor is a minor.
• When all parties involved have been identified and the special circumstances have been addressed, you can check this off your list and move on to the next step.

Name of each party

• Gather the full legal name of the releasor
• Gather the full legal name of the releasee
• Incorporate both names into the title of the Release of Liability Agreement
• Check that both parties are satisfied with the names being used in the Agreement

Once you have incorporated both names into the title of the Release of Liability Agreement and both parties are satisfied with the names being used, you can move on to the next step.

Address

• Gather the full mailing addresses for each party involved in the agreement.
• It’s important to make sure that each address is accurate and up-to-date.
• If a party is a company, make sure to include the company’s full name and address.
• Once each address has been gathered, add them to the agreement.
• You know you can check this off your list and move on to the next step when each address has been included in the agreement.

Contact Information

• Gather the contact information of all parties involved in the agreement, including their name, address, telephone number, and email address.
• If the parties involved in the agreement are businesses, also include the company name, contact person, and business address.
• Make sure to use the correct contact information for each party.
• When the contact information is complete and accurate, check it off your list and move on to the next step.

Listing the Relevant Details and Overview of Agreement

• Gather the relevant information and details of the agreement, such as who is involved, the purpose of the agreement, the risks associated, and any other pertinent information.
• Outline the conditions and terms of the agreement.
• Indicate who is responsible for what, and any other applicable details.
• Clearly indicate the date the agreement will take effect.
• Describe the remedies available to the parties in the event of a breach of agreement.
• Include a signature line for each involved party.
• Indicate the date of the agreement.
• Once you have listed the relevant details and overview of the agreement, you have completed this step and can move on to the next.

Date of agreement

• Ensure both parties are aware of the date of the agreement
• Record the date the agreement is signed in a prominent place
• Check to make sure the date is correctly recorded and is consistent in the document
• Once the date is correctly recorded, the step is complete and you can move on to the next step

The terms of the agreement

• Outline the terms of the release agreement, such as what is being released from liability, the specific parties involved, and under what conditions the release is valid
• Include a section that states the potential releasee will not be responsible for any claims, liabilities, or damages that have occurred or that may occur in the future
• Include a section that states the potential releasor acknowledges they are voluntarily giving up any legal rights they may have against the potential releasee
• Include a section that states any legal disputes that arise from the release agreement must be settled in court
• Include a section that states all parties agree to the terms of the agreement
• Once all of the terms have been outlined and agreed upon, the release agreement is ready to be signed and dated by all parties involved.

Establishing the Scope of Release

• Identify the parties involved in the agreement
• Outline the scope of the release of liability and the obligations of each party
• Agree on the specific conditions of the release
• Decide on the date of the agreement
• Clarify any language that may not be understood by all parties
• Ensure that the agreement is in accordance with the laws of the relevant jurisdiction

When you have completed these steps, you can move on to the next step, Description of the Release.

Description of the release

• Determine the scope of the release by establishing what the releasor is releasing (e.g. the releasor’s rights, claims, and/or liabilities)
• Draft the language of the release in a clear and concise manner
• Specify the date when the release will take effect
• Include the signature of the releasor or their legal representative
• Clearly state what the releasor is releasing (e.g. the releasor’s rights, claims, and/or liabilities)
• When you have completed the above steps, you will have successfully written a description of the release and can move on to the next step.

What is excluded from the release

• List all of the parties or individuals that are excluded from the release of liability agreement
• Clearly state what is excluded from the release, such as any specific circumstances, activities, or events
• Make sure that the language you use is clear and precise, and that all involved parties understand what is and isn’t covered under the release
• Once you have outlined all of the exclusions, make sure that all of the parties involved have read, understood, and agreed to the release of liability agreement

Once you have written out all of the exclusions and all of the parties involved have agreed to the release of liability agreement, you can check this step off your list and move on to the next step.

Outlining the Exceptions to the Release

• Read through the releasor’s and releasee’s list of exclusions from the release
• List out any exceptions to the release that the releasor and releasee have identified
• Consider consulting with a lawyer to ensure the exceptions are legally sufficient
• Once all exceptions to the release have been identified and recorded, move on to the next step of the guide

List of any exceptions to the release

• Make a list of any exceptions to the release that should be included in the agreement
• Review the list, and make sure all exceptions are valid and appropriate
• Include all exceptions in the agreement, being very specific and clear as to why they are necessary
• When all exceptions have been listed, you can move on to the next step of specifying the jurisdiction of the agreement.

Specifying the Jurisdiction of the Agreement

• Research the laws in the state or country where the agreement will be enforced
• Consider whether any international laws will apply
• Specify the state or country in which the agreement will be enforced
• Make sure to include the specific language in the agreement that specifies which state or country’s laws will be used
• Once the jurisdiction has been specified, you can move on to the next step.

State or country

• Determine which state or country has jurisdiction over the agreement.
• Ensure the applicable laws are consistent with the state or country in which the agreement is signed.
• Check that the agreement complies with the applicable laws.
• Include the state or country in which the agreement is signed in the agreement.

When you’ve determined the applicable state or country and included it in the agreement, you can move on to the next step.

Applicable laws

• Determine which laws are applicable to the Release of Liability Agreement.
• Research any relevant regional or local laws that may also be applicable.
• Make sure the agreement complies with all applicable laws.
• Once you have identified and confirmed the applicable laws, you can check this step off your list and move on to the next step.

Explaining the Severability Clause

• Understand the purpose of a severability clause: it allows parties to invalidate unenforceable portions of the contract while keeping the remainder of the contract in effect.
• Consider the language of your severability clause carefully. It should state that if any portion of the contract is determined to be invalid or unenforceable, then it will be considered severable and will not affect the validity of the remaining provisions.
• Make sure to include a severability clause in your Release of Liability Agreement.
• Once you have added a severability clause to your agreement, you can check this step off your list and move on to the next step.

What is included in the clause

• Understand what a release of liability is and its purpose
• Review the laws in your state regarding releases of liability
• Familiarize yourself with the language and terms used in releases of liability
• Identify the parties involved in the release
• Include a description of the agreement and the activities related to it
• Explain the rights and responsibilities of each party
• State the amount of any compensation to be paid
• Clarify the type of damage that is being released
• Include any other relevant clauses or terms
• Sign and date the agreement

You can check this off your list when you have included all of the necessary elements in the clause.

How it affects the agreement

• Understand the purpose of the agreement: The Release of Liability Agreement is used to protect both parties from any legal responsibility in the event of an accident or other incident.
• Consider the details of the agreement: A Release of Liability Agreement should include any pertinent information, such as the name of the person or company releasing liability, the recipient of the agreement, and any applicable circumstances.
• Determine the scope of the agreement: Consider the scope and limits of the agreement - where it applies, who is covered, and the types of activities or events which are included.
• Draft the agreement: Use a template or create your own Release of Liability Agreement and include any necessary information.
• Check for accuracy: Make sure that all information is correct and accurate, and that there are no typos or other errors in the agreement.
• When you have completed this step, you can move on to the next step in the guide: Requiring Signatures to Make Agreement Valid.

Requiring Signatures to Make Agreement Valid

• Have both parties sign the Release of Liability Agreement
• It is important to keep the original copy of the signed Release of Liability Agreement
• If the agreement is signed electronically, ensure the signature is legally binding
• Ensure that the signatures are witnessed and verified by a third party
• Once both parties have signed the Release of Liability Agreement, you can check this step off your list and move on to the next step.

Who needs to sign

• Identify and list all parties who need to sign the agreement
• Make sure all parties understand the agreement and its implications
• Obtain signature from all parties, and make sure to keep a copy of the signed agreement for your records
• When all parties have signed and returned the agreement, you can check this off your list and move on to the next step.

Where the signatures need to be placed

• Place the signatures at the end of the document.
• Make sure that each signatory has a copy of the document after signing.
• Check the document for accuracy and typos before signing.
• Once the signatures are in place, you can move on to the next step.

Ensuring Compliance with State Laws

• Research the specific state laws that apply to the Release of Liability Agreement and review to make sure that the language included in the agreement is compliant with those laws
• Check for any additional requirements, such as whether the document needs to be notarized or if there are any additional forms that are needed
• Make any necessary changes or updates to the agreement to ensure compliance with local laws
• When the agreement is up to date with applicable laws, it is ready to be signed and agreed upon.

Review applicable laws

• Research and understand the local laws and regulations that apply to the agreement.
• This could include examining any statutes, ordinances, or regulations, as well as any industry-specific guidelines that may apply.
• Make sure that the language in the agreement complies with these laws.
• Once you have reviewed the applicable laws and revised the agreement as necessary, you can check this off your list and move on to the next step.

Update the agreement if necessary

• Read through the agreement to determine if any changes need to be made.
• Consider the applicability of any changes to the agreement in accordance with applicable state laws.
• Make any necessary changes in the language of the agreement.
• Consider any legal advice that may be necessary to update the agreement.
• Check to make sure all necessary fields are completed and that all signatures are present.
• Once the agreement is updated and checked, you can move on to the next step of providing advice on how to store and retrieve the agreement.

Providing Advice on How to Store and Retrieve the Agreement

• Create an online folder or use an online storage service such as Dropbox to store the agreement
• Ensure the folder or service is password protected
• Make sure to keep the password in a secure and easily accessible place
• Check that the agreement is backed up and can be retrieved in the event of a system crash
• Once you have completed this step, you can move on to the next step which is creating a secure location for the agreement.

Create a secure location for the agreement

• Establish a secure location to store the Release of Liability Agreement; this could be a physical filing cabinet or a digital filing system
• Make sure the storage location is secure and can be accessed by only those authorized to view the agreement
• Ensure the storage location is compliant with any relevant laws or regulations
• When you can access the secure location, you know you have completed this step and can move on to the next step.

Establish a system for retrieval and archiving

• Set up a secure filing system to store the Release of Liability Agreement.
• Designate a central repository where all copies of the Agreement should be stored.
• Determine the most efficient and secure way to retrieve the Agreement, such as through an online portal or a physical filing system.
• Make sure everyone who needs access to the Agreement knows how to access it.
• Set up a system for archiving copies of the Agreement for future reference.
• Establish a process for regularly reviewing the Agreement to ensure it’s up-to-date.
• Be sure to include any additional requirements from state or federal laws.

How you’ll know when you can check this off your list and move on to the next step:

• When you have set up the filing system, designated a central repository, determined the retrieval system, made sure everyone has access to the Agreement, set up a system for archiving, and established a process for regularly reviewing the Agreement, you can check off this step and move on to the next.

FAQ:

Q: Is a Release of Liability Agreement the same as an Indemnity Agreement?

Asked by Kenneth on April 30th, 2022.
A: A Release of Liability Agreement and an Indemnity Agreement are both legal documents which serve similar purposes, but they are not the same. A Release of Liability Agreement is used to protect the releasor (the person who is releasing someone else from liability) from being held responsible for any damages or losses that may occur due to the actions of the releasee (the person who is being released from liability). An Indemnity Agreement, however, is used to protect the indemnitor (the person who is promising to indemnify) from being held responsible for any damages or losses that may occur due to the actions of the indemnitee (the person who is being indemnified). Both documents should be drafted with specificity and caution, taking into account the jurisdiction in which they will be enforced.

Q: What kind of information should I include in a Release of Liability Agreement?

Asked by Kayla on August 11th, 2022.
A: A Release of Liability Agreement should include information about both parties involved in the agreement. This includes their names and contact information, a description of the agreement itself and any relevant details such as dates, locations and activities covered by the agreement. It should also include a clause outlining each party’s responsibilities, a description of any risks involved with the activities covered by the agreement and a clause stating that both parties agree to hold each other harmless. Finally, it should include a clause stating that all applicable laws will be followed and that any disputes will be handled through arbitration or another agreed-upon dispute resolution process.

Q: What is an effective way to structure a Release of Liability Agreement?

Asked by Henry on December 14th, 2022.
A: It is important to structure a Release of Liability Agreement in a way that clearly outlines each party’s responsibilities and expectations. The document should begin with an introduction that outlines the purpose of the agreement. It should then include a section outlining each party’s responsibilities, followed by a detailed description of any risks involved with the activities covered by the agreement. The document should then include clauses outlining any applicable laws or regulations, details about dispute resolution procedures and finally, a clause affirming that both parties agree to hold each other harmless.

Q: What should I consider when drafting a Release of Liability Agreement?

Asked by Elizabeth on July 3rd, 2022.
A: When drafting a Release of Liability Agreement it is important to consider both parties’ needs and interests. This means ensuring that the document clearly outlines each party’s responsibilities and expectations while also taking into account any applicable laws or regulations. It is also important to consider how disputes will be handled and to ensure that both parties are provided with adequate protection against potential liabilities or losses due to their activities covered by the agreement. Additionally, it is important to ensure that all language used in the document is clear and unambiguous so as to avoid any misunderstandings or misinterpretations down the line.

Q: Does a Release of Liability Agreement have to be written?

Asked by Ryan on November 24th, 2022.
A: While it is recommended that all legal agreements be put in writing for clarity and protection purposes, it is not strictly required for a Release of Liability Agreement to be written down in order for it to be legally valid. In some cases, oral contracts may also hold up in court if there is sufficient evidence that an agreement was made between two parties. However, it is generally best practice for all legal agreements - especially those involving significant risks or potential liabilities - to be executed in writing so as to provide protection for both parties involved and avoid confusion over terms or conditions down the line.

Q: What happens if I don’t have a Release of Liability Agreement?

Asked by Matthew on June 15th, 2022.
A: If you do not have a Release of Liability Agreement in place then you may still be held legally responsible for any damages or losses caused due to your activities covered by the agreement - even if those damages were caused by someone else’s negligence or misconduct. This means that without an agreement in place you could potentially face significant financial liability if something did go wrong during your activities covered by the agreement - which could put you at risk for possible legal action from another party involved in the agreement. Therefore it is highly recommended that you have a Release of Liability Agreement in place before entering into any activities which involve potential risks or liabilities for either party involved.

Q: Does my Release of Liability Agreement need to be signed?

Asked by Sarah on August 28th, 2022.
A: Yes, your Release of Liability Agreement needs to be signed by both parties involved in order for it to be legally valid and enforceable. Signatures serve as evidence that both parties agree on all terms outlined within the document and are legally bound by them - which can help protect against potential disputes down the line should something happen during activities covered by the agreement which could lead one party seeking compensation from another party involved in it. Additionally, signatures can provide additional credibility if either party ever needs to present evidence of their agreement in court at some point in time.

Q: Does my Release of Liability Agreement need to be filed with my local court?

Asked by Michael on March 17th, 2022.
A: Generally speaking, no - your Release of Liability Agreement does not need to be filed with your local court unless specifically requested by either party involved or required under applicable laws or regulations within your jurisdiction. Your document will still remain legally valid without having been filed with court records - however if either party ever needs proof that an agreement was made between them they may need it filed before they can present evidence at court at some point in time if necessary.

Q: How do I make sure my Release of Liability Agreement complies with UK legislation?

Asked by David on December 7th, 2022.
A: Ensuring that your Release of Liability Agreement complies with applicable UK legislation will depend on a number of factors such as what activities are being covered under the agreement and where those activities are taking place - as some regulations may differ depending on location within UK jurisdiction as well as industry sector or business model related legislation (such as those related to SaaS companies). It is generally recommended that you consult with an experienced lawyer who specialises in UK law when drafting your document so as to ensure everything included within it complies with applicable legislation - however you can also do some research yourself into relevant UK regulations or contact your local legal authority for advice if needed too.

Q: What happens if I breach my Release of Liability Agreement?

Asked by Joseph on April 26th ,2022 .
A: Breaching your Release of Liability Agreement can potentially lead one party seeking compensation from another - depending upon what type of breach occurred and how consequential its effects were upon either party involved in it (e.g., if there were financial losses caused due to one party not fulfilling its obligations). Generally speaking though, breaching an agreement can lead one party claiming damages from another - leading potentially costly legal action which could result in large financial settlements being made between both parties depending upon how serious the breach was and how much damage was caused due its occurrence (e.g., if one party failed entirely to fulfill its obligations). Therefore it’s important for all parties involved within an agreement understand their obligations under it so as to avoid potential breaches occurring down the line which could lead costly legal action resulting from them

Example dispute

Suing a Company for Breach of Contract:

• Plaintiff must prove that they entered into a valid contract with the company, and that the company breached the contract by failing to adhere to the terms of the release of liability agreement.
• Plaintiff must also demonstrate that they suffered a financial loss due to the breach of contract.
• The court will consider any relevant evidence presented, such as documents, witness testimony, or other evidence that shows that the release of liability agreement was breached.
• Possible settlement might include the company compensating the plaintiff for any losses caused by the breach, or other forms of restitution.
• Damages might be calculated based on the amount of financial loss that the plaintiff suffered due to the breach of contract.

Templates available (free to use)

Release Of Liability Agreement

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