Release of Liability - How to Avoid a Lawsuit
Waiver and Release of Liability Forms
A release of liability form is a document that releases individuals and entities from injuries and damages resulting from an event specified in the release form. A release of liability waiver form discharges a person from liability for injury that may happen from carrying out an activity. In order to be legally valid, a release of liability letter or form must be in writing and must be signed by the parties.
A release of liability agreement may contain an indemnity agreement in which one party agrees to pay the liabilities associated with a certain event. By signing a release of liability form, parties agree to assumption of risk. Assumption of risk is a principle through which a person relieves the liability of another person in advance and accepts the possibility of being injured.
By signing a liability agreement, a person admits that s/he is assuming the liability for participating in an activity. A release of liability form is a declaration to the person seeking the release that s/he will not be subjected to legal actions ensuing from the signing party's participation.
Persons participating in an inherently dangerous or a hazardous activity that involves considerable risks of death, personal injury, and property damage are often required to sign liability release forms. For instance, persons taking part in mountain biking or swimming in an unattended swimming pool may be required to sign a release of liability form.
Business and other entity owners use release of liability forms in a variety of instances. With a well-drafted liability release and/or indemnity form, entities can avoid lawsuits, particularly when they are engaged in hazardous activities including:
- activity relating to physical fitness, like, coach of a sport or personal trainer
- golf course
- mountain biking
- swimming pool
- child care
- caring of equine and other pets
- construction ventures which may result in harm to property
- any other activity which may have more than average risk
Apart from entities conducting high-risk or hazardous activities, sponsors of sports teams and special events may also need a waiver and release of liability form for participants to sign.
As a general rule, a liability release form must consist of the following particulars:
- name of the organization or entity carrying on the event
- name of the participant
- name of the activity
- statement by participant about his/her knowledge and assumption of the risk involved
- statement that releases the entity from liability involved
- if the participant is a minor, a statement from parent or guardian permitting participation in the event
- signatures of the parties, and the guardian or parent in the case of a minor.
A general release of liability form is used to discharge an entity or an individual from the risk of a legal proceeding against him or her. Through a general liability release of claims, a person releases an entity from any legal proceeding that can be taken against them.
Another type of release from liability form is DMV release form. DMV release of liability forms are used to notify the Department of Motor Vehicles (DMV) about the sale or transfer of a vehicle to another party.
A variety of liability release form templates and release of liability samples are available online. However, always ensure that a sample release of liability form absolutely and lawfully releases you from all the liabilities. Different types of release of liability form templates and personal injury waiver form samples are available on the US Legal Forms website. Our state specific release of liability templates are easily downloadable and ready to use.