North Carolina Release, Waiver of Liability, Assumption of all Risks of Personal Bodily Injury and Damage, and Indemnity Agreement Regarding Use of Owner's Snow Plough Truck

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Description

A release gives up a right, such as releasing one from his/her liability for harm or damage that may occur from performing under a contract, or participating in an activity. A release acts as some assurance to the person requesting the release that he/she will not be subjected to litigation resulting from the person giving the release. 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 hold harmless agreement is one in which one person agrees to assume the liability and risk that may arise from the obligation, and protects and indemnifies the other party against having to bear any loss. It may be used along with an acknowledgement of risk form. An indemnification or hold harmless clause may be included so the other party to the contract is reimbursed against loss or damage should a legal dispute ensue with respect to the contract or agreement.


A bailment is the act of placing property in the custody and control of another, usually by agreement in which the holder (bailee) is responsible for the safekeeping and return of the property.

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FAQ

Remember that releases and waivers are not favored by courts and will be strictly con- strued against the party seeking to enforce them. Be as specific and as inclusive as possi- ble about what types of claims the release is intended to cover, and what persons or enti- ties the release is intended to protect.

What is a Waiver And Release Agreement? A waiver and release agreement is a legal document that releases a party from liability and creates an enforceable promise for one party to not take legal action against another.

Assumption of Risk is exactly what it sounds like a complete written statement in a waiver describing all the risks involved in the activity or procedure your guest will be participating in.

The waiver/release is properly drafted or worded according to the law in the state of the sports organization. It does not violate any state laws or public policy.

An example of implied assumption of risk is if an amusement park patron stood and watched a roller coaster for several minutes before deciding to go on the ride. The patron's observation of the roller coaster suggests an understanding of the inherent risks and a decision to assume those risks.

: a doctrine that a person may in advance relieve another person of the obligation to act towards him or her with due care and may accept the chance of being injured also : an affirmative defense that the plaintiff cannot receive compensation for injuries from the defendant because the plaintiff freely and knowingly

A waiver is not a variation to a contract. Variations: are a legally binding agreement in their own right, and. change the terms of a contract.

In California, waivers of liability are generally enforceable so long as they have been drafted correctly, are explicit as to the scope of coverage, are legible and use high-visibility text, and do not illegally waive unknown or unrelated claims.

Even if the language of the waiver covers the type of injury you suffered, North Carolina courts will not enforce a waiver if it violates state law, is gained through inequality of bargaining power,4 or is contrary to a substantial public interest.5 Additionally, liability waivers are contracts, and as such

A liability waiver, or release waiver, is a legal document that a company or organization requires members of the public to sign in order to protect their organization from being sued if you sustain an injury.

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North Carolina Release, Waiver of Liability, Assumption of all Risks of Personal Bodily Injury and Damage, and Indemnity Agreement Regarding Use of Owner's Snow Plough Truck