Free Release of Liability (Waiver Form)

A Release of Liability Form or Waiver of Liability Agreement is a legal document between two parties — the releasor or person promising not to sue — and the releasee or person or company who is potentially liable. By signing this form, the releasor acknowledges that he or she understands the risks and claims involved and agrees to not sue the Releasee for past or future injuries or damages.

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 out of court.

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

• Releasor: 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, activity, or circumstances being held
• Consideration: the amount of money, promised (in)action, or something of legal value given in return for signing the document
• Governing Law: any disagreements will be resolved using the laws of one state

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

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

Table of Contents

1. The 6 Types of Release of Liability Forms
2. Release of Liability Form When Selling a Car
3. Consequences of Not Using a Waiver
4. The Most Common Liability Situations
5. What Should be Included?

The 6 Types of Release of Liability Forms

A release or waiver is often needed either 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.

Check out the 6 different types of release of liability waiver templates below, and download the one that applies to your situation.

Release of Liability Form When Selling a Car

Depending on the state you live in, you may need a waiver of liability when selling your car. When you sell your car, 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 a certain amount of days after selling your car.

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

Consequences of Not Using a Waiver

What happens if you don’t use this form?

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:

The Most Common Liability Situations

These are some of the most common situations in which a waiver form may be used:

What Should be Included?

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

• Who promises to not 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 and dangerous yet agree 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 the form was truly signed by both parties is optional

General Release

State of __________

This General Release (this “Release”) is made this __________ day of __________, __________, by and between __________, at __________, __________, __________, __________ (“Releasor”) and __________, at __________, __________, __________, __________ (“Releasee”).

1. Releasor and anyone claiming on behalf of Releasor releases and forever discharges Releasee and its affiliates, successors and assigns, officers, employees, representatives, partners, agents and anyone claiming through them (collectively, the “Released Parties”), in their individual and/or corporate capacities from any and all claims, liabilities, obligations, promises, agreements, disputes, demands, damages, causes of action of any nature and kind, known or unknown, which Releasor has or ever had or may in the future have against Releasee or any of the Released Parties arising out of or relating to: __________ (“Claims”).

2. In exchange for the release of Claims, Releasee will provide Releasor a payment in the amount of __________. In consideration of such payment, Releasor agrees to accept the payment as full and complete settlement and satisfaction of any present and prospective claims.

3. This Release shall not be in any way construed as an admission by the Releasee that it has acted wrongfully with respect to Releasor or any other person, that it admits liability or responsibility at any time for any purpose, or that Releasor has any rights whatsoever against the Releasee.

4. This Release shall be binding upon and inure to the benefit of the parties and their respective heirs, administrators, personal representatives, executors, successors and assigns. Releasor has the authority to release the Claims and has not assigned or transferred any Claims to any other party. The provisions of this Release are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision. This Release constitutes the entire agreement between the parties and supersedes any and all prior oral or written agreements or understandings between the parties concerning the subject matter of this Release. This Release may not be altered, amended or modified, except by a written document signed by both parties. The terms of this Release shall be governed by and construed in accordance with the laws of the State/Commonwealth of __________.

5. Both parties represent they fully understand their right to review all aspects of this Release with attorneys of their choice, that they have had the opportunity to consult with attorneys of their choice, that they have carefully read and fully understand all the provisions of this Release and that they are freely, knowingly and voluntarily entering into this Release.

SIGNATURES

___________________

Signature of Releasor

___________________

Printed Name of Releasor

___________________

Signature of Releasor

___________________

Printed Name of Releasor