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Home Business Documents Release of Liability

Free Release of Liability (Waiver Form)

Use our Release of Liability Waiver to create an agreement to waive legal claims if an accident occurs. Select your waiver type to get started.

Updated January 18, 2023 | Legally reviewed by Brooke Davis

Use a Release of Liability (Waiver) Form to prevent a company or individual from being sued in the event of an accident. This document will protect you in a legal dispute on all civil claims. It’s a good idea to fill out a waiver before or after performing activities that could expose you to legal action.

This form is alternatively used when an accident like a car wreck or property damage has already occurred. Instead of going through an expensive lawsuit, both parties agree to settle the dispute.

Table of Contents
  • Types of Release of Liability Forms
  • What is a Release of Liability Form?
    • Consequences of Not Using a Waiver
    • The Most Common Liability Situations
  • What Should be Included in a Release of Liability Form?
    • Release of Liability Form When Selling a Car
  • How to Write a Release of Liability
  • Free Release of Liability Sample
  • Release of Liability FAQs

Types of Release of Liability Forms

A release or waiver is often needed before or after an incident occurs. Organizations or people may be concerned about being taken to court by someone who accidentally gets injured while attending an event or activity they will be sponsoring. Alternatively, this form is used when an accident like a car wreck or property damage has already occurred. Instead of going through an expensive lawsuit, both parties agree to settle the dispute out of court.

Here are six types of Release of Liability Waiver templates that we offer.

release liability waiver general form sample-thumbnail

General Release

A General Release is often used when one person is broadly giving up all known and unknown claims against another party. This document can cover broad claims that are filed in the most common dispute cases. While this version is the most basic of the six, it flexible and comprehensive enough to handle most situations.

If you need a waiver for a specific situation, then you should consider taking a look at our other templates below.

Example of a mutual liability waiver form

Mutual Release

Unlike the general form above, a Mutual Release is used when both parties give up all past and future claims against one another.

In most cases the dispute is over a broken contract in which the two parties believe the other is at fault.

Instead of getting involved in a long and pricey legal process, the two parties can use this form to agree to walk away from the contract on their own terms.

Example of an automobile accident liability waiver form

Automobile Accident Release

In the case of car accidents, the parties involved in a traffic collision can decide to use this form to agree not to sue one another.

The party that was injured or received damage to their vehicle can decide to waive liability from future compensation for the accident in return for an agreed upon payment from the party that caused the accident. Again, both parties are able to avoid the hassle of going to court.

Example of a property damage liability waiver form

Waiver for Damage to Property

The document on the left is used when real property (i.e. land or building) or personal property (i.e. jewelry or movable possession) is harmed and the parties settle the dispute out of court.

Before you compensate someone for property damages that you caused, make sure that you use this document so that the property owner cannot ask you for more money down the road.

Example of a personal injury liability waiver form

Release for Personal Injury

This waiver of liability can be used for cases of personal injury in which a person is injured or harmed and agrees not to sue in exchange for a certain amount of money or value.

Personal injury can be considered both physical or psychological.

One example of when this document could be used is if the releasee's dog ran into the releasor's yard and bit them in the arm.

Example of an activity or event liability waiver form

Waiver for Participation in an Event or Activity

This last document is frequently used by event and entertainment companies that require their customers to give up all future claims against the organizer or owner for personal injuries that may occur.

It is common to sign these forms when participating in activities such as paintball, sports leagues, and other athletic events.

However, keep in mind that a liability form usually does not cover accidents or injuries caused by negligence or the failure to exercise reasonable care over a situation.

What is a Release of Liability Form?

A Release of Liability Form or Waiver of Liability Agreement is a legal agreement between two parties — the Releasor or person promising not to sue — and the Releasee or person or company potentially liable. By signing this waiver form, the Releasor acknowledges that they understand the risks and claims and agrees not to sue the Releasee for past or future injuries or damages.

A simple release of liability form will identify the following essential elements:

  • Releasor: a person who promises not to sue or take any legal action against the owner or organizer of the event or activity being attended
  • Releasee: owner or organizer of the event or activity who is at risk of being sued
  • Effective Date: when the agreement shall take effect
  • Event: description of event, action, or circumstances being held
  • Consideration: the amount of money, promised (in)action, or something of legal value in return for signing the document. [1]
  • Governing Law: any disagreements will be resolved using the laws of one state

This form can document a person’s consent to be photographed, filmed, or recorded in a public event or activity. You can also use a separate Photo Release Form.

As a reference, people call this document by other names:

  • Conditional and Unconditional Waiver Form
  • General Waiver
  • Legal Release
  • Liability Waiver Form
  • Waiver of Liability Agreement

If you still don’t know if a Release of Liability Waiver is for you, here are some pros and cons of using this form:

Pros

  • Could reduce time spent in court
  • May save you money on things like unpaid medical bills and legal fees
  • Fear of participating in or organizing future events
  • Might reduce the likelihood that you will be sued
  • May minimize frivolous lawsuits

Cons

  • People may be wary of the business or individual and reconsider their participation.
  • The document may not be enforceable
  • It could be costly to enforce
  • It may be difficult to prove

Consequences of Not Using a Waiver

Without a written waiver, everyone faces the possibility of being summoned to court or dragging out a disagreement over who owes what.

Here are just a few of the possible consequences that this form can prevent:

ReleasorReleasee
Lost Time
  • extended argument involving attorneys in the courtroom instead of a fast settlement
Lost Time
  • time spent fighting legal battles instead of building business
Lost Money
  • unpaid medical bills or cost to fix the property damage
Lost Money
  • legal fees to defend lawsuits and pay for damages caused
Mental Anguish
  • prolonged problem hanging over your head
Mental Anguish
  • fear of organizing another event in the future

The Most Common Liability Situations

These are some of the most common situations in which you may use a Waiver form:

Releasor Releasee
General Release General Release
  • Employee
  • Employer
  • Vendor or supplier
  • Business owner
  • Mutual Release Mutual Release
  • Business partner
  • Business partner
  • Buyer in a voided contract
  • Seller in a voided contract
  • Car Accident Car Accident
  • Driver or Passenger in a Car Accident
  • Driver or Passenger in a Car Accident
  • Damage to Property Damage to Property
    Client Service Provider
  • Damaged living room
  • Construction company
  • Yard destroyed
  • Landscaping business
  • Event or Activity Event or Activity
    Participants Event Organizer
  • Marathon runner
  • Marathon sponsor
  • BASE jumper
  • BASE jumping venue
  • Chili pepper enthusiast
  • Chili pepper contest
  • Avid bull runner
  • Bull run organizer
  • Extreme Sports Enthusiast Extreme Sports Business
  • First time skydiver
  • Skydiving company
  • Recreational bungee jumper
  • Bungee jumping business
  • Amateur rock climber
  • Rock climbing gym
  • Snowboarder or skier
  • Ski & snowboard rental
  • Paintball participant
  • Paintball facility
  • Wingsuit Flying
  • Wingsuit instruction facilities
  • Heli-Skier
  • Heli-Ski operator
  • Scuba diver
  • Scuba diving operation
  • Volunteer Nonprofit
    Personal Injury Personal Injury
  • Dog bite victim
  • Dog owner
  • Customer who slipped in a store
  • Store owner
  • What Should be Included in a Release of Liability Form?

    A simple release of liability form should generally address the following basics:

    • Who promises not to pursue any legal action against another party
    • What amount of money or action (including being able to participate in the activity) will be given in exchange for the promise
    • When the document takes effect, usually before the activity occurs
    • How neither party admits they acted wrongfully by signing the Waiver

    A waiver form can address incidents that have already occurred in the past or may happen in the future, given the inherent riskiness of the activity.

    A liability form may also include one of these additional provisions:

    • Assumption of Risk: the participant understands that the activities are inherently hazardous yet agrees to assume the risk of being injured or harmed
    • Insurance: the individual is responsible for their own medical, health, or life insurance
    • Medical Treatment: the person will not sue even if they are further injured by any medical treatment given during an emergency at the event
    • Modifications: any changes to the document must be in writing
    • No Admission: signing the document does not mean either party admits wrongdoing
    • Parent or Guardian Signature: a minor under the age of 18 is legally unable to sign a contract and should have a parent or guardian co-sign the agreement (although, in certain states, a parent or guardian cannot waive a minor’s legal rights to sue for negligence)
    • Photographic Release: the participant agrees that images or recordings can be used in connection with the event attended
    • Right to Attorney: everyone understands that they have the chance to consult with an attorney about the document and are otherwise signing it voluntarily
    • Severable: the rest of the document is valid even if one part of the agreement is not
    • Witness or Notary: the signature of a third person who acknowledges both parties indeed signed the form is optional

    Release of Liability Form When Selling a Car

    Depending on your state, you may need a liability waiver when selling your car. When you sell your vehicle until the title and registration is transferred, you are liable for any accidents or injuries caused by the buyer. Therefore, most states require you to notify them within days after selling your car.

    To ensure their liability is waived, residents of California who sell their car must fill out a Notice of Transfer and Release of Liability Form. The Department of Transportation in Idaho requires residents to fill out a Notice of Release of Liability. Find out if your state requires a waiver form to sell your car.

    How to Write a Release of Liability

    Here’s a step-by-step on writing a release of liability form:

    Step 1 – Releasor and Releasee Details

    a) Provide the name of the state where the event in question will take place.

    b) Provide the date on which this agreement will take effect.

    c) Name the person attending/participating in the event (the Releasor). This is the person releasing the owner or event organizer from liability by promising not to sue or take legal action. And name the person who is at risk of being sued (the Releasee), such as an owner or organizer of an event.

    d) Describe the event both Releasor and Releasee are waiving future rights to sue each other for.

    Section 1 of a general release of liability form
    An example of where to include information about the Releasee and Releasor and the event in question.

    Step 2 – Release of Claims

    Provide the amount of money, promised (in)action, or something of legal value given to the Releasor by the Releasee to sign the Release or Waiver. Money is often offered as a consideration, while other goods and services can also be offered.

     

    Release of claim screenshot
    An example of where to include the release of claim information in our release of liability template.

    Step 3 – Governing State (Section 4)

    Name the state in which this contract will apply. Usually, it will be the state where both parties reside.

    An example of where to detail the governing state in our release of liability template.
    An example of where to detail the governing state in our release of liability template.

    Step 4 – Signatures

    Name any witness to the execution of this Release and have s/he sign here. It is optional to include the signature of a third person (witnesses or notary) who acknowledges both parties indeed signed the form.

    An example of where to include signatures in our release of liability template.
    An example of where to include signatures in our release of liability template.

    Step 5 – Notary Acknowledgement

    A notary will complete this section with their signature. It is optional to include the signature of a third person (witnesses or notary) who acknowledges both parties truly signed the Release.

    An example of where to include notary acknowledgement details in our release of liability template.
    An example of where to include notary acknowledgment details in our release of liability template.

    Free Release of Liability Sample

    Download a General Release form in PDF or Word format below. You can also find what this document typically looks like:

    This Release of Liability form has been updated for 2023.

    Release Waiver Agreement Template Sample 2023

    Download PDF
    Download MS Word

    Other Blank Waiver Forms – By Type

    Mutual Release


    PDF


    Word
    Automobile Accident Release

    PDF
    Word
    Waiver for Damage to Property

    PDF
    Word
    Release for Personal Injury

    PDF
    Word
    Waiver for Participation in an Event or Activity

    PDF
    Word

    Release of Liability FAQs

    Is a release of liability form enforceable?


    Yes, a release of liability form is generally enforceable. If the release of liability waiver meets the following, it can typically be upheld:

    • Waiver contains proper language based on the particular state’s contract law
    • Waiver does not violate public policy or any state laws
    • The injury stems from risks clearly outlined in the waiver or from the simple negligence of the disclaiming company

    How long does it take for someone to accept liability?


    It can take any duration of time for someone to accept liability. There are many factors to consider, and it will typically take as long as necessary before someone accepts liability. Sometimes contracts will have a set period of time in which the liable party must remedy the wrong. If not, reasonableness of time will be a factor.

    What happens if liability is not accepted?


    If liability is not accepted and the prospective defendant says that they were not negligent, you need to prove that the defendant did something wrong. 

    Legal Templates uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read our editorial guidelines to learn more about how we keep our content accurate, reliable and trustworthy.

    1. Consideration. https://en.wikipedia.org/wiki/Consideration

    Related Business Operations Documents

    • Hold Harmless (Indemnity) Agreement: A legal document that transfers risk from one party, the Promisee, to another party, the Promisor.
    • Promissory Note: Outline the details of a loan made between two people, a borrower, and a lender.
    • Demand Letter for Payment: An Demand For Payment Letter is a formal, written document demanding payment of an outstanding debt.
    • Independent Contractor Agreement: Use this document to describe the services performed by an independent contractor or freelancer for another business.
    Release Waiver Agreement Template 2023 Preview PDF

    Free Release of Liability Waiver Form

    Create Your Release of Liability Waiver in Minutes!

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