During life, a person is often faced with a rejection of responsibility. This can be during extreme activities. For example, skydiving or bungee jumping.
So, a waiver of liability is a form that is signed by two parties. One party releases the other from liability for damages and injuries. If a participant is injured while bungee jumping, he agrees not to pursue a physical injury case against the company owner or instructor.
The waiver implies two purposes. The first is that this form provides participants with information about the risks that may be present during a particular situation. The other purpose involves releasing the company from the liability that is associated with those risks.
The liability waiver is signed before any physical activity takes place. Thus, the party to this document agrees not to hold the company liable for damages related to the risks.
Such a waiver is a legal document that informs guests and protects a particular company.
In order for the waiver to be legally enforceable, then the person who signs the waiver must be aware that he is disclaiming the risk when he signs the document. If this party brings a lawsuit against the other party who was the person on whose behalf the document was signed, then the defending party can use the waiver as a legal defense in court. The waiver is enforceable as long as it is stated in the contract.
Why Is It Important to Use a Liability Waiver?
The main reason to use a waiver tool is to protect the company from claims for injuries and damages that result from accidents. This can be due to physical injuries, and financial consequences. Another reason is that the waiver form informs the participant of potential risks. This document serves as an important verification tool for any particular event.
A third reason for using a liability waiver is that insurance companies often require a person to have such a waiver before taking out insurance. The liability waiver helps travel companies protect themselves.
Which Is Better: Paper or Digital Liability Waiver?
Digital liability waiver has several advantages:
- all signed documents are stored online;
- the information from the parties is readable;
- personal information can be verified by online waiver software.
A digital liability waiver is just as legally valid as a paper form. But sometimes the handwriting on a paper waiver can be difficult to read or illegible.
Examples of free online waiver can be found on the Internet. But they often may not meet state requirements. It is possible to consult a lawyer who can draw it up individually for the person. In this way, you can be sure that it will meet the state’s criteria and be enforceable.
Tips for Using the Forms
Signed documents are worth keeping securely. Clients who have suffered a loss or injury may take time to file a lawsuit, so you should keep signed forms in a safe place. It is also worth taking a look at the following tips:
- avoid legal jargon when writing your own form – waivers should be written in simple language that customers will understand;
- avoid small print – the content of the form should be easy to read;
- the form should not contain empty space – where the other party may add additional conditions.
It is also possible to draw up such forms with the help of special waiver software.
Validity of a Waiver of Liability
The validity period of a waiver of liability depends on the wording of the document. For example, if the amusement park waiver form does not specify how long the waiver is valid, the court will find that it is valid only for the current visit.
Additionally, such a waiver that is signed by underage persons is unenforceable and invalid.
The waiver of liability may be modified by the parties if they agree to do this in writing. Moreover, the law of the state may take precedence over the waiver. In many states, if the waiver is written ambiguously, it will be considered inapplicable by the state court. All this is because according to the law, the party who drafts the document is responsible for making sure that its terms are clear.
PandaDoc — An Effective Tool for Writing Waiver Forms
Nowadays, there are a lot of useful tools that significantly facilitate the creation of many types of documents. It is possible to easily find them on the Pandadoc service. This is an excellent platform that allows you to quickly and correctly create the necessary forms, agreements, contracts, and conventions. The site has everything you need for proper document management. It is enough to pass a quick registration and the client will be able to work with documents promptly and without any troubles. The portal offers reliable cloud storage. Thanks to it, every user can easily create documents online, sign them and, if necessary, share them with others.