When conducting a particular event, some companies offer the contractor to sign a waiver of liability – a kind of agreement that removes material and other liability from the company if certain conditions are met. Often this document has legal force and helps to prove the legality of the actions of representatives of the company in court. However, there are circumstances and conditions under which this agreement has no legal force.
Let’s examine several factors which may affect the enforceability of this document.
Conditions Under which a Liability Waiver Has No Legal Force
In fact, a liability waiver is a document that should ensure that the company will not be subject to claims against it in the event of injury, illness or other consequences following participation in a particular activity. Examples include various hiking or extreme activities such as skydiving, rock climbing, etc.
Before participating in such activities, people are asked to read the liability waiver form and sign it. In theory, if a person gets injured after signing such an agreement, he will not be able to get compensation through the court.
However, there are several factors that affect the legality of such agreements:
- geographical – not every country or even every state welcomes the imposition of such an agreement;
- the presence of malice or negligence that causes a person to be injured;
- unclear wording or an improperly drafted document.
As an example, there is a case where the court did not accept a waiver of liability after a skier was injured because the ski run was improperly designed (negligence).
What Should a release of liability form Look Like
To increase your chances of a favourable outcome in court, it is necessary to properly draw up a liability waiver form. It should be written taking into account the following nuances:
- The document must be drafted in such a way that the person signing it is fully aware of all possible risks for him/her that are associated with the waiver.
- The body of the document should spell out all the parties involved in the particular event that requires a liability waiver.
- The information should be written in easy-to-understand language.
- Nothing should prevent a person from understanding the meaning of the contract (large print, simple wording, the most detailed presentation of information).
In order to compose the document correctly, many company representatives use the release from liability template, which can be easily found online on specialized platforms.
PandaDoc: Big Database of Documents for Your Convenience
The main task of PandaDoc service is to speed up document circulation in a company, that’s why it is used by many representatives of large and medium business. However, if you just start your business and you need to find a sample of a document you need to make it properly, you will most probably find it here.
Here are some useful features from PandaDoc for your convenience:
- speeding up document circulation by giving you the opportunity to access documents automatically online;
- availability of examples of documents that are necessary in your work;
- electronic signature as an alternative to the usual one.
To facilitate the work of lawyers, PandaWaiver provides a large number of samples of various documents that can be freely edited at your own discretion. You will also find the waiver software for your convenient work here. It is possible to use PandaWaiver on a paid basis or for free during the trial period to get acquainted with all the advantages of the service.
