WHAT ARE WAIVERS AND RELEASES? Waivers and/or releases of liability (“releases”) are legal agreements designed to transfer responsibility for injuries and property damage from one party to another.
What is a waiver? A waiver is a legally binding agreement, frequently leveraged as a risk transfer tool for events. A person signs a waiver, which educates on the event risks. By signing the waiver, the participant acknowledges those risks.
A release of liability (commonly referred to as a liability waiver or an exculpatory agreement) governed by Florida law given or signed by a prospective participant in a potentially dangerous activity in favor of the company providing access to the activity.
To build a waiver of liability: Choose a waiver template. Determine the type of activity or service. State the purpose of the waiver. Identify the risks. Include a title. Include customer information. Include waiver terms. Include a statement of understanding.
Local laws about waivers can vary, and they should shape the language you use in your waiver. It's best to work with a lawyer who is an expert in writing and executing waivers to avoid costly legal issues down the line.