This original post was published on 6/29/2021 and fully updated on 3/5/2024.
Many business owners ask themselves do I need liability insurance for my business if my customers sign a waiver, and the answer is yes. A waiver or release form is a contract designed to shift liability away from the business with the consent of the customer.
Waivers are meant to significantly alter the legal landscape from a place where the business is responsible for a place where responsibility lies more with the customer. However, if a customer makes a liability claim, release forms may not always be enforced. If a business is found grossly negligent, the legal bodies overseeing the claim may ignore the waiver altogether.
That said, it’s possible a waiver could help your business avoid some liability claims. However, consider seeking legal counsel first. Have a qualified attorney draft your waiver and get guidance on how and when to have customers sign the waiver.
Still, waivers are not impervious and may leave your business vulnerable to liability claims. If a customer does make a claim against your business, and the waiver is not enforced, business liability insurance can help cover the costs of the claim.
Insurance carriers for personal trainers and sporting activities often requires that such businesses must collect waivers or the coverage won’t be provided. This requirement is rooted in the inherent risks associated with physical activities and exercise programs, where the potential for injuries or accidents is significant. Consequently, maintaining a strict protocol for collecting and storing these waivers can be a vital condition for securing and retaining insurance coverage, ensuring that both the business and its clients are protected.
Here is a sample waiver – release of liability form. Please note that this is a general template and should be modified to fit the specific needs and legal requirements of your situation. It is highly recommended to consult with a legal professional before using this form to ensure it complies with applicable laws and is appropriate for your particular circumstances.
**WAIVER AND RELEASE OF LIABILITY FORM**
In consideration of being allowed to participate in [Activity/Event], provided by [Organization/Individual’s Name], the undersigned acknowledges, appreciates, and agrees that:
1. **Risk Acknowledgment:** I hereby acknowledge and understand that there are risks associated with my participation in [Activity/Event], which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others’ actions, inaction, or negligence; conditions related to travel; or the condition of the activity location(s).
2. **Assumption of Risk:** I willingly agree to assume all risks, both known and unknown, connected with my participation in [Activity/Event], even if arising from the negligence of [Organization/Individual’s Name] or others, and assume full responsibility for my participation.
3. **Release and Waiver:** I hereby release, waive, discharge, and covenant not to sue [Organization/Individual’s Name], its officers, employees, agents, and volunteers (collectively, “Releasees”) from any and all liabilities, claims, actions, damages, costs, or expenses of any nature whatsoever arising out of or in any way connected with my participation in [Activity/Event], including any claims due to the negligence of Releasees or otherwise.
4. **Indemnification:** I agree to indemnify and hold harmless the Releasees from any and all claims, actions, suits, costs, expenses, damages, and liabilities, including attorney fees, arising out of or in any way related to my participation in [Activity/Event].
5. **Acknowledgment of Understanding:** I have read this Waiver and Release of Liability Form, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Participant’s Name (Print): ___________________________________________
Participant’s Signature: _____________________________________________
Date: _______________
If the participant is under 18 years of age, the parent or guardian should also sign:
Parent/Guardian’s Name (Print): _______________________________________
Parent/Guardian’s Signature: _________________________________________
Date: _______________
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This template provides a basic structure for a waiver and release of liability form. Adjustments may be necessary based on the specific details of the activity or event and the governing law in your jurisdiction.