Where can I find a general liability waiver?
Full Question:
Answer:
A waiver or release is the intentional and voluntary act of relinquishing something, such as a known right to sue a person or organization for an injury. The term waiver is sometimes used to refer a document that is signed before any damages actually occur. A release is sometimes used to refer a document that is executed after an injury has occurred. Waivers, as described above, often contain express assumption-of-risk language. This type of language: describes the activity; states that the signer has full understanding of the nature of the document; knows of the specified risks; voluntarily chooses to assume the risk; and agrees not to hold the institution liable for the consequences of his or her participation in the described activity.
General Guidelines for Drafting and Using Releases:
Identify the activity for which a release may be appropriate.
Determine what the activity involves and what could go wrong;Determine who will be involved in the activity (e.g., minors);
Use an appropriate title such as waiver, release, or indemnity agreement;
Avoid legal jargon. Use language that is clear, concise, unambiguous, and understandable. The print size should be large enough to be easily read.
Make exculpatory language conspicuous. This is the specific statement that the participant will not hold the institution liable for omissions or negligence. This language should be featured in a way to bring attention to it (e.g., using bold lettering, underlining, using all capital letters, or wording such as Caution: Read Before Signing.
Specify the conduct of the parties intended to be covered by the release and the nature of the activity. Be as precise as possible. The release should describe the activity, how vigorous it is, the fitness level required, and anything unpleasant about it.
Clearly warn of the risks involved in the activity or program that is the subject of the release. Use phrases such as, including, but not limited to and list a few minor and common injuries as well as a few more serious ones, including death.
Specify the duration of the release. Even if the agreement does not contain a termination date, use such language as for injuries now or in the future.
Include a declaration of age, of having read and understood the release, of the voluntary nature of the activity, of an agreement to abide by all applicable safety rules, and a statement by which the signer specifically states that AI agree to accept any and all risks@ as described in the release.
Have the release reviewed by an attorney, or use a form that has been previously approved by legal counsel for the particular activity or purpose.
Give the parties adequate time to read and sign the document. Have a person who is competent to answer questions, but refer the participant/party to legal counsel if there is any doubt as to the correct answer to the questions.
Keep the release on file for the period of time recommended by counsel that tracks the relevant statute of limitations.
Courts vary in their approach to enforcing releases depending on the particular facts of each case, the effect of the release on other statutes and laws, and the view of the court of the benefits of releases as a matter of public policy. Many courts will invalidate documents signed on behalf of minors. Also, Courts do not permit persons to waive their responsibility when they have exercised gross negligence or misconduct that is intentional or criminal in nature. Such an agreement would be deemed to be against public policy because it would encourage dangerous and illegal behavior.
The following form may be helpful in your situation:
http://www.uslegalforms.com/us/US-00638BG.htm
