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Waiver and Release of Liability
Limit liability and clarify risk assumption with this Waiver and Release of Liability Template.
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Waiver and Release of Liability Template
This Waiver and Release of Liability (“Agreement”) is entered into on [Date], by and between:
Releasing Party (Participant): [Full Legal Name]
Address: [Address]
Contact: [Phone, Email]
Released Party (Business/Organization/Individual): [Full Legal Name / Company Name]
Address: [Address]
Contact: [Phone, Email]
Together referred to as the “Parties.”
1. Activity and Assumption of Risk
The Participant acknowledges that they have voluntarily chosen to participate in [Describe Activity/Program/Service] organized by the Released Party. The Participant understands and accepts that the activity involves inherent risks, including but not limited to personal injury, property damage, or death.
2. Release of Liability
In consideration of participation, the Participant releases and discharges the Released Party, its officers, employees, agents, and affiliates from any and all claims, demands, or causes of action arising out of participation in the activity, except in cases of gross negligence or willful misconduct.
3. Indemnification
The Participant agrees to indemnify and hold harmless the Released Party against any claims, damages, or expenses (including attorney fees) arising from their participation in the activity.
4. Medical Consent (Optional)
In the event of injury or illness, the Participant authorizes the Released Party to secure emergency medical treatment deemed necessary, with costs to be the Participant’s responsibility.
5. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [State/Country].
6. Severability
If any provision of this Agreement is held invalid, the remaining provisions shall remain enforceable.
7. Entire Agreement
This Agreement represents the entire understanding between the Parties and supersedes any prior agreements, written or oral.
Signatures
Participant: ____________________________ Date: _________
Name: ___________________________________________
Released Party: _________________________ Date: _________
Name/Title: _______________________________________
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Waiver and Release of Liability
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WAIVER AND RELEASE OF LIABILITY FAQ
What is a Waiver and Release of Liability?
A Waiver and Release of Liability is a legal agreement in which a participant voluntarily assumes risks and releases another party—usually a business or organization—from liability for potential injuries or damages.
Why is a Waiver and Release of Liability important?
It protects businesses and individuals by reducing the risk of lawsuits and clarifying that participants understand the inherent risks of an activity. Without it, companies may face costly claims even when risks were clear and voluntarily accepted.
When should you use a Waiver and Release of Liability?
Use it whenever participants engage in potentially risky activities such as sports, fitness training, recreational events, workshops, or volunteer programs. It also applies to rental businesses, event organizers, and service providers.
What should a Waiver and Release of Liability include?
It should include participant details, a description of the activity, acknowledgment of risks, a release of claims, an indemnification clause, and governing law. Some waivers also include a medical consent section for emergencies.
Does signing a waiver completely eliminate liability?
Not always. Courts may still hold businesses liable for gross negligence, intentional harm, or violations of safety regulations. However, a well-drafted waiver provides strong legal protection and can significantly limit liability.
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