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.”

But what exactly does this document entail, and why is it so important? In this article, we embark on a journey to unravel the intricacies of the release of liability, delving into its significance, and understanding how it impacts individuals and organizations alike in a world brimming with both excitement and uncertainty.

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:

1. Participation in sports, leisure, or associated activities

2. Attendance of sports or entertainment events

3. 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 it 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:

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

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

3. 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 typically includes the following key components:

1. Parties involved

 Releasor: The individual agreeing to release any claims or liability (participant).

 Releasee: The organization, business, or individual being released from liability (the entity conducting the activity).

2. Description of the activity

A clear and detailed description of the activity or event, including its location, date, and nature.

3. Assumption of risks

A section in which the participant acknowledges the inherent risks associated with the activity and voluntarily assumes those risks.

4. Release and waiver

The core of the document, in which the participant releases the organization or individual from any claims, demands, or liabilities arising from the activity.

5. Indemnification

A clause in which the participant agrees to indemnify and hold harmless the organization or individual from any losses, expenses, or damages incurred as a result of the participant’s actions.

6. Governing law

A provision specifying which state’s laws will govern the agreement.

7. Signature and date

Spaces for the participant’s signature and the date of signing, indicating their informed consent.

Sample:

Participant’s Signature: ___________________________ Date: _______

Witness (if required): ____________________________ Date: _______

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:

1. California: In California, 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 own intentional wrongdoing.

2. Colorado: Colorado has specific statutes governing 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 clear and 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, it’s crucial for individuals to 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.

If you or your organization is in need of a Release of Liability form, you can find one here