Whenever your company or organization hosts events involving physical activities, you want many people to take part.
On the other hand, accidents can happen even if you have done your best in providing the right equipment, instructors, and every possible precaution. To protect both your company and its employees, you should ask participants to sign an Activity Waiver and Release.
An Activity Waiver and Release is a legal document signed by two parties, a company organizing a sporting event and a participant that wishes to participate in said event. It's a way for the company to protect itself from being legally responsible for any accidents or injuries. Since people of varying physical preparedness take part in these activities, accidents can happen.
By signing this document, the participants agree that they are aware of the risks involved and possible injuries that might happen and willingly agree not to make liability claims against the other party. Moreover, they understand they should consult their physician before any unusual physical activity. If they are to become injured, they agree to take full responsibility. This means the organization hosting the event will not be responsible for any accidental harm.
If your organization is sponsoring or organizing any such event, getting the participants to sign a Activity Waiver and Release is necessary. You still have to do your due diligence, such as not knowingly provide faulty equipment that may significantly reduce the chances of the waiver holding up in court.
Depending on your state, an Activity Waiver and Release may also be known as:
Indemnity agreement
Release of liability
Waiver
Waiver of rights
Waiver of liability
Hold harmless agreement
Assumption agreement
Pre-injury release
Exculpatory agreement
Assumption of risk
Let's say you're an online physical trainer, and your student twists an ankle during an online class. People can injure themselves despite your best advice and precautions and could potentially sue you for negligence. There is a way to protect yourself.
Any company, organization, or individual providing, hosting, or sponsoring events involving potentially risky physical activities should prepare an Activity Waiver and Release. Gyms, sports centers, extreme sports companies, and even online fitness coaches should prepare such a document.
Before any physical activity, you want to ask the participants or clients to sign an Activity Waiver and Release. By doing so, they agree that they will not make liability claims against you should an accident and injury happen.
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If you're considering getting a Activity Waiver and Release, don't stress. You need to prepare this document before urging anybody to participate in any physical activity.
Let 360 Legal Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.
To create your document, please provide:
Personal information: The identity of your company and the person who is signing the waiver.
Risk involved: Clearly state why certain physical activities are dangerous and inform the releasor so that they can decide whether they still want to participate.
Assumption of risk: Include a statement that reminds the releasor of the risks involved.
Effective date: The date that this document becomes valid.
Releasor: The party agreeing to not take any legal action against the other party in accepting the risk of physical activity.
Releasee: The party organizing a sports-related activity that is at risk of getting sued.
Hold harmless agreement: The releasor agrees not to hold the releasee responsible for any injury resulting from participating in the activity.
Medical consent: In the context of an Activity Waiver and Release, this is a consent on the part of the releaser to pay for their own medical expenses that participating in the risk-associated activity may incur.
An Activity Waiver and Release is consummated with the signatures of the two parties. If one of them is a company, an authorized representative's name and title are needed. Since the document has to be notarized in some states, the agreement's location can also be specified here.
After creating an Activity Waiver and Release on 360 Legal Forms, you should print multiple copies for participants before any activity. You should keep the signed waivers for at least three years after the end of the activity. If you are entering into a waiver with a minor, you should keep it for the greater of three years or until the minor turns 20.
A Release of Liability Agreement is used between two parties such that one of them (the releaser) releases any liability claims against the other (the releasee).
Generally, this is optional. At the minimum, both parties need to sign it. The signature of a notary public can be obtained for extra protection.
As explained, it doesn’t. A Release of Liability Agreement only protects the releasee. This means that they can still make liability claims against the releaser. However, a mutual release agreement can be used if both parties are potentially liable for an incident.
Similar in nature, the latter is used before activities and events. Entertaining companies, extreme sports organizations, and gyms often require customers to sign this. By signing a Waiver for Participating, you agree to participate in physical activities at your risk. You also agree to release the instructor of any liability claims.
Money is usually offered as consideration. The amount of money offered is stated in the document. However, other services can be provided too if both parties agree. For example, a releasor may decide not to press charges in exchange for a vehicle or stocks. What’s important is that consideration has legal value. If for some reason this consideration is found to be faulty, or maybe less than acceptable, the contract can be deemed unenforceable by a court.
An Automobile Accident Release is a type of Release of Liability Agreement signed by the parties involved in a car accident. This form is generally used when the parties only suffer property damages rather than personal injuries. By signing this form, the driver that caused the accident offers to have their car insurance take care of the other car’s damages. However, before signing this agreement, consider consulting a personal injury lawyer who can explain everything and make sure that you get a fair settlement.
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