How do you write a waiver?
A liability waiver form is simply an agreement not to sue someone as a result of an occurrence. By signing a waiver, a participant agrees that they will not sue a business that offers the activity. Drafting an effective waiver for your business might not be a walk in the park. It is important to understand that a waiver, when not well drafted will be rejected in the court of law. Your business needs waiver protection so as to avoid trouble. For this reason, we have discussed the important elements of a waiver form and how to use OnSpot Social app for waiver signing at your events.
Components of a waiver
Here is all that pertains writing an effective liability waiver:
1. Get help
Writing a waiver should not be complicated. However, it is important to consult a lawyer when you have any questions so as to have an effective waiver at the end of the day. You may call your state legal person if you are not able to reach a lawyer. You may also seek the advice of a lawyer after drafting the waiver.
2. Use the correct structure
Waivers should be written in a certain structure. Fortunately for you, we have included a waiver example here to help you get yours in the correct order. We recommend that you use a sample waiver in your industry to act as an inspiration as you write. We understand that the structure may differ in different scenarios, be sure to use the correct one.
3. Proper formatting
A waiver can’t just be drafted on a blank word document. You will have to make necessary adjustments to the font before you begin. The fonts should be set to Roman 12 so that the document is easily readable. You may then use bold to highlight the most essential information. Nevertheless, you can draft your important information in all capital letters or even use larger fonts.
4. Include a subject line
Your waiver should include a title for it to be valid. You may title yours as “a damage waiver and release of liability form”. The title should be centered between the left and the right margins and should be in bold.
5. Include a caution!
Just two lines after your title, you need to warn your participants to read the waiver thoroughly. These wordings should be in bold so as to get the attention they deserve. Do not forget to date your waiver The agreement should include the date it was issued, for this, you can have it as a template so that with the help of an app like OnSpot Social, you are able to fill in the participants’ credentials so easily.
6. Talk about the activity risks
Details of the activity including risks allow you to stay out of trouble because the participant is already informed way before they take part in the activity. Your waiver should always be in the first person so that it speaks and reflects the person it is intended for.
7. Do not forget an assumption of risk
There are instances that a participant will assume the risks stated in a waiver. To ensure that they do not blame anyone for their assumption, you need to include a statement that reminds them of their risk assumption, just before they sign the liability waiver form.
8. Hold harmless
The words ‘hold harmless’ simply means that the participant agrees not to sue you in case of damages.
9. Waiver effectiveness
It is important to be specific on the injuries the release applies to. It is also important to include the kind of injuries that your participants are likely to sue you for. You may consult other businesses to be able to know the type of injuries to expect in the activity.
10. Be clear on insurance
You will need to be clear that you do not provide insurance cover for the participants. This is a simple way to clear doubts that your business insurance might cover the participants.
11. Include a choice of law to the waiver
The judge decides whether the waiver prevents you from being sued to in case a participant takes you to court. You will be needed to be specific on the state that the waiver laws apply to for easier interpretation of the waiver agreement.
12. Make a confirm of proper interpretation
You will need to confirm that the participant has read and understood the agreement. To do this, include some few lines just next to the participant signature. This is the best simple way to prevent the participant from claiming not to have understood the contents of your waiver.
For a participant to be able to sign, you will need to add a few lines just below your ending remarks. You may include a witness signature if necessary. A witness testifies that the participants were not forced to enter into any activity that they did so willingly.
Onspot Social for signing waivers at an event
The OnSpot Social app is a waiver app that makes the whole process simple. The app captures your participants’ contact information and stores them for easier finding. The app then tracks and stores the participants’ liability waiver forms so that you are able to focus on offering the best to your participants without having to worry about legal pursuits.
An example of a participant waiver
By signing to this waiver agreement (Participant name)( hostname) agrees to the following terms:
1) The participant agrees that their participation in (event name) is voluntary. Additionally, the participant agrees to assume any risk that is associated with participating in the event and releases (Host Company) from any and all claims of damage and loss that may be as a result of participation. The release is without limitation and includes the personal injury fees, attorney’s fees and any other losses that might occur to the participant.
2) The participant agrees to hold (host company) harmless against all claims of damage and loss including damage to (host company) property caused by the participant
3) The participant hereby warrants that they are physically fit and able to participate in (event name) without any undue risk.
4) (Host company) maintains that the right to refuse the participation in (event name) if they foresee that participation would risk damage to any party
5) This waiver agreement is governed by the laws of (participant state). Any legal claims or lawsuits related to the precipitants in the (event name) shall take place in courts located in (participant city) (participant state)
6) The participant agrees that this waiver agreement shall remain in full force and take effect without change and that participation in (event name) is pursuit to the terms of the agreement
Participant’s (first name_______________ last name_________________)
Event host’s (first name________________ last name______________)