Virgin Islands 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

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 Release of Liability is an agreement between two parties in which one gives up the right to hold the other legally responsible for current or future injuries, losses, and damages. The party waiving their right receives monetary or non-monetary compensation, also known as consideration.

Release Versus WaiverThe main difference between releases and waivers is the transferring of ownership. When rights are released, they are transferred to another party. When rights are waived, they are gone altogether.

What is Assumption of Risk? 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.

Plesant, 471 S.E.2d 866 (Ga. 1996): that the plaintiff (1) had actual knowledge of the danger; (2) understood and appreciated the risks associated with such danger, and (3) voluntarily exposed himself to those risks. Vaughn 471 S.E.2d 868.

A waiver/release is an exculpatory contract that attempts to excuse or relieve a party, for injuries to a participant that arise out of the known and unknown risks in an activity. This includes the inherent risks that arise from the sports organization's ordinary negligence.

Assumption of Risk based on the maxim "volenti non fit injuria." If a person knows the consequences of a particular act and voluntarily accepts that risk, he or she is solely responsible for any resulting injury.

What do waivers and releases have in common? both waivers and releases excuse a contracting party for not performing. these result in the discharge of contractual obligations.

Assumption of risk refers to a legal doctrine under which an individual is barred from recovering damages for an injury sustained when he or she voluntarily exposed him or herself to a known danger.

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.

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Virgin Islands 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