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As tempting as it may be, you should never write your own liability waiver. Unless you're a fully qualified lawyer with experience in this area, it's likely that you'll omit critical language that puts your business at risk for lawsuits.
A release of liability or waiver is a legal document that a person signs to acknowledge the risks involved in a particular activity and to not hold the organization or individual for any harm that might arise.
Negligence and waivers Even if you have your customers sign a liability waiver, it won't protect you if your business is grossly negligent, although it may protect you in most circumstances against ordinary negligence.
How to Write a Release of Liability Form Fill in the information of both parties, including each person's name and address. Include the details of the event. ... Add if there is a payment required by the releasee. ... Write a section for signatures, which will contain the names and dates of both parties.
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.
The releasor is the party who agrees to release a potential claim in exchange for something of value. The releasee is the party being released from the claim or a potential claim. The releasor receives consideration in the way of compensation for releasing the claim.
The waiver should: List the names and addresses of the parties. Give the date of the agreement and how long it is in effect for. List the location of the event or activity. Describe the activity or event the customer is going to participate in. List the possible risks and injuries.
Writing a waiver should not be complicated. However, it is important to consult a lawyer when you have any questions so as to have an effective waiver at the end of the day. You may call your state legal person if you are not able to reach a lawyer. You may also seek the advice of a lawyer after drafting the waiver.