There are certain instances where a company offering any entertainment, extreme services, or activities involving some degree of physical harm requests that clients sign a document releasing the company from liability in the event of a client’s injury. Before signing the agreement, the client should carefully review the document and read the main points.
The disclaimer statement, release from liability, or liability waiver form are guarantees of protection of the rights of the company or business, which offers services and activities associated with certain risks. When a client wishes to obtain various types of services, a liability waiver form may often be required as a prerequisite. This helps the company release the business from any liability should an unforeseeable event occur – in this case, an injury or damage caused to the client.
What a Waiver of Liability Is About
There is one element common to all types of such agreements. The idea is that the disclaimer is presented in a pre-printed form and is offered based on the principle of voluntary consent. That is, the company can offer the client the terms of the agreement, but only the client decides whether or not to agree to these terms. Such wording is the essence of the exemption from liability, as the client voluntarily waives his right to compensation.
Frequent legislative reforms regarding offenses involve a continuous change in the wording of the release of liability form. Because of the above, there are several types of activities where the waiver is viewed from different angles. Such activities include horseback riding and skiing. In this case, there are special laws that have been passed recently. They grant such activities immunity. There is an exemption for spectators of car races who signed a waiver of liability.
Benefits of a Liability Waiver
Schools, organizations, and businesses that use a liability waiver and do not assume risks and indemnification clauses operate under a scheme aimed at protecting their own interests and capacities. The waiver is often presented as a voluntary waiver of the right to indemnification and can be executed prior to the personal injury. Thus, a participant simply cannot file a suit for personal injury based on negligence against a company or business.
Thus, the participant gives his or her informed agreement to the safety and non-involvement of the organization in the event of an injury. Businesses require a signature on the agreement in order for it to have legal validity. Waiver of liability comes in many forms, including electronic format, so the signature can also vary: it can be a standard handwritten signature or an electronic signature.
Electronic signatures are legally valid only if formed on trusted software. Thus, a client can choose any program to get a signature for digital documents, for instance, such waiver software as PandaDoc. Companies and businesses can protect their rights if the client signs a disclaimer, thus undertaking all sorts of risks.
When Is the Waiver of Liability Needed?
The disclaimer contains inherent risks arising as a result of ordinary negligence of the organization or the client. Such documents are interpreted in court proceedings based on the principles of contract law. This is the reason why it is important to have a clear, detailed disclaimer without a hidden agenda.
A waiver of liability can be signed when all of the following conditions are clearly met:
- The injury or damage was caused by the risks listed in the release of liability agreement due to the simple negligence of the company or the client. The form often uses the following wording, “known and unknown risks.”
- The Release from liability template is written clearly and in accordance with the laws of the company’s country. The release from liability must not violate state laws or policies applicable in certain fields.
The waiver is a personal right of the party, as it is legally valid only when signed by the party’s hand without any pressure. The waiver should be signed by companies and businesses that provide services where there is the slightest risk of injury. Such a document can protect companies from lawsuits and unscrupulous clients.