This form seeks to allow an adult to release a school or facility (that teaches a dangerous activity such as scuba diving, sky diving, white water rafting, etc.) from liability for injuries which may be incurred while taking part in or being instructed in such dangerous activities.
A waiver or release is the intentional and voluntary act of relinquishing something, such as a known right to sue a person, educational institution, or organization for an injury. Waivers and releases are commonly used by the sponsor of an event (e.g., Boston Marathon) and schools when competitors, students, faculty, or visitors participate in an private or institution-sponsored activity. The term waiver is sometimes used to refer a document that is signed before any damages actually occur. A release is sometimes used to refer a document that is executed after an injury has occurred.
A waiver can be an effective way for a person, educational institution, or organization to inform students, parents, event participants, and family members of the risks involved in various activities and to shield the person, educational institution, or organization from liability. The best releases explain the risks of a particular activity or program in detail. So, even if all aspects of a release are not upheld in court, you can show that the releasing party was informed about the specific risks and should be responsible for his or her own conduct.
Michigan Release, Assumption of Risk, Hold Harmless, and Waiver of Liability and Personal Injury by an Adult Student Engaging in a Dangerous Activity are legal documents designed to protect organizations, institutions, and individuals from liability in the event of personal injury or harm that may result while participating in a dangerous activity. These documents outline the risks associated with the activity and provide a legal framework for the participant to waive their right to sue for damages. The release portion of the document states that the participant understands and acknowledges the inherent risks and dangers involved in the activity. This could include activities such as extreme sports, wilderness expeditions, or any activity with the potential for accidents or injuries. It emphasizes that the participant voluntarily chooses to engage in the activity despite these inherent risks. The assumption of risk section ensures that the participant acknowledges and accepts the potential for injury or harm that is associated with the dangerous activity. It aims to protect the organization or individual from liability by establishing that the participant has full awareness of the risks involved and accepts the responsibility for their own actions. The hold harmless clause states that the participant releases and agrees to hold harmless the organization, its agents, employees, and volunteers from any liability or claims arising from their participation in the dangerous activity. This means that the participant agrees not to take legal action or seek compensation for any injuries or damages that may occur. The waiver of liability section is a legally binding agreement in which the participant voluntarily gives up their right to sue for personal injury or harm. By signing this document, the participant agrees to absolve the organization or individual of any liability or responsibility for any injury, harm, or property damage that may occur during their participation in the dangerous activity. In Michigan, different types of releases, assumptions of risk, hold harmless agreements, and waivers of liability may exist depending on the specific activity or organization involved. For example, there may be separate forms for skydiving, rock climbing, or other high-risk activities. These forms may include additional language tailored to the unique risks associated with each activity, further clarifying the participant's understanding and acceptance of those risks. Overall, the purpose of these documents is to ensure that participants are fully informed and consenting to engage in a dangerous activity, while also protecting organizations and individuals from potential legal action or liability in the event of an unforeseen accident or injury.
