Free Release of Liability Form Template

In a world filled with activities and adventures, from heart-pounding extreme sports to the unpredictable events of everyday life, there’s often an undeniable element of risk involved. Whether you’re enthusiastically signing up for a thrilling skydiving adventure, considering joining a local gym to embrace a healthier lifestyle, or simply planning to participate in a community event, you might inevitably find yourself faced with a document known as a “Release of Liability.”

What is a Release of Liability?

A Release of Liability, also commonly referred to as a Waiver or Waiver and Release, is a legal document used to limit or waive an individual’s or organization’s liability for potential injuries, damages, or losses that may occur during a particular activity or event. In essence, it’s a way for participants to acknowledge and accept the inherent risks associated with the activity, often freeing the organizing entity from legal responsibility in case of mishaps.

For a release of responsibility agreement to be enforceable, it must be written in such a way that a person of average intellect might understand it without more explanation. In rare circumstances, a party may not be absolved of responsibility. Gross negligence will not release you from responsibility. The following are examples of activities for which parties regularly demand release of liability waivers:

• Participation in sports, leisure, or associated activities
• Attendance of sports or entertainment events
• Use of a location or property

A release of liability cannot be utilized to absolve a party from responsibility for harm that has already been done in the past. It is more frequently employed in situations when harm has not yet happened, may yet happen, is possible, or is anticipated to happen based on future events.

When a person signs a release of liability, it indicates they are giving up their right to sue the other party for any losses or injuries they have suffered. Insurance firms often get in touch with affected parties immediately and offer them money in exchange for signing a release of liability, hoping that this will prevent the party from fully investigating injuries and damages. 

They might even inform the parties who were impacted that they still have time to submit a claim. It is advised to exercise great care while signing a release of liability since, once you do, you virtually waive your right to file a lawsuit or make an injury claim. If you later discover that you misjudged your injury or damage, you will be unable to request additional compensation. Before signing a release of liability contract, it may be advantageous to speak with an attorney depending on the severity of the harm or damages.

Why is a Release of Liability Form Necessary?

The primary purpose of a Release of Liability is to protect organizations, businesses, or individuals from being held legally responsible for accidents or injuries that participants may experience. While it might seem like a legal maneuver to shift responsibility, it serves several essential functions:

Informed consent: It ensures that participants are aware of the potential risks involved in an activity and voluntarily choose to participate despite those risks.

Risk mitigation: It encourages individuals to take personal responsibility for their safety during the activity, promoting caution and awareness.

Legal protection: It offers legal protection to organizers, allowing them to continue offering activities without excessive fear of costly lawsuits.

Types of Release of Liability Forms

Release of liability forms, also known as waiver and release forms, come in various types to address different situations and activities. Here are some common types of release of liability forms:

1. General Release of Liability: 

This type of form is a broad release that absolves one party (usually the organizer or property owner) from liability for injuries or damages that may occur during a specific event or activity. It’s often used for recreational activities like sports, fitness classes, or adventure sports.

2. Minor Release of Liability: 

When minors (individuals under 18 years old) are involved in an activity, their legal guardians typically sign this form on their behalf, waiving liability for injuries or incidents that may occur during the activity.

3. Medical Release of Liability: 

In medical or healthcare settings, this form may be signed by patients to release medical professionals or institutions from liability in case of unforeseen complications or risks associated with a medical procedure or treatment.

4. Travel Release of Liability: 

Tour operators, travel agencies, or adventure tourism companies often require participants to sign this form, releasing the company from liability for injuries, accidents, or unforeseen events that may occur during the trip or tour.

5. Release of Liability for Property Damage: 

This form is used when individuals or organizations use someone else’s property, such as a rented venue or equipment, and want to release the property owner from liability for damage or loss.

6. Employment or Volunteer Release of Liability: 

Employers or organizations that involve employees or volunteers in potentially risky activities may use this form to protect themselves from liability for work-related injuries or accidents.

7. Release of Liability for Assumption of Risk: 

Some activities, like extreme sports or adventure tourism, come with inherent risks. This form is used to acknowledge those risks and release the organizer from liability.

Components of a Release of Liability

A well-crafted Release of Liability covers essential elements that protect both parties and ensure a clear understanding of the terms. Here’s what typically goes into this document:

Parties Involved

The parties involved are usually the Releasor who is the participant who agrees to waive any claims or liability and the Releasee who is the business, organization, or individual being released from liability. These roles must be clearly defined to prevent any misunderstanding about who is assuming and releasing liability.

Description of the Activity
This section provides a clear description of the activity or event, including essential details like location, date, and nature of the activity. Adding specifics helps participants fully understand the scope of what they’re agreeing to and the environment in which it will take place.

Assumption of Risks

Here, the participant acknowledges and accepts the inherent risks associated with the activity. By recognizing and accepting these risks, the participant confirms their understanding and willingness to proceed despite potential dangers.

Release and Waiver

This is the heart of the document, where the participant agrees to release the organization or individual from any claims, demands, or liabilities tied to the activity. A strong release and waiver clause clearly states that the participant won’t hold the organization liable for injuries or damages.

Indemnification

In this clause, the participant agrees to cover any costs or losses the organization might face due to their actions. This protects the releasee from financial repercussions, providing an added layer of security and accountability for both parties.

Governing Law

This provision clarifies which state’s laws will govern the agreement, offering predictability and consistency in legal interpretations. It’s especially important if participants and organizers are from different states.

Signature and Date

Finally, there are spaces for the participant’s signature and date of signing, which indicate informed consent. This part is crucial as it formalizes the agreement, making it legally binding once signed.

Release of Liability Laws in the US

Release of liability laws in the United States vary by state, and there is no federal law governing release of liability forms. Instead, each state has its own set of laws and regulations that dictate the enforceability and requirements of such forms. Below are two examples of state-specific laws related to release of liability:

In California, the release of liability forms are governed by various statutes and court decisions. One key statute is California Civil Code Section 1668, which states that contracts that exempt anyone from responsibility for their own fraud or willful injury to the person or property of another are against public policy and void. This means that in California, a release of liability cannot protect a party from their intentional wrongdoing. 

On the other hand, Colorado has specific statutes governing the release of liability agreements for recreational activities. The Colorado Revised Statutes (C.R.S.) Section 13-22-107 provides certain requirements for releases related to recreational activities. It outlines that for such agreements to be valid, they must be unambiguous and include specific language about the inherent risks of the activity.

In sum, the Release of Liability, while a general legal document, carries significant weight in safeguarding the interests of both organizers and participants in various activities and events. It serves as a reminder of the importance of informed consent and personal responsibility in a world full of adventures and experiences. 

However, individuals must read and understand the terms of these agreements fully. In some cases, consulting legal counsel may be wise, especially when engaging in high-risk activities or when uncertainties about enforceability arise. Ultimately, the release of liability is a tool that allows people to enjoy life’s adventures with their eyes wide open, aware of the risks but unburdened by excessive legal concerns.