Free Release of Liability (Waiver Form)

Table of Contents

1. What is a Release of Liability Form?
   • Release of Liability Form PDF Sample
2. The 6 Types of Release of Liability Forms – Free Waiver Template Downloads
   • General Release
   • Mutual Release
   • Automobile Accident Release
   • Waiver for Damage to Property
   • Release for Personal Injury
   • Waiver for Participation in Event or Activity
3. Release of Liability Form When Selling a Car
4. Consequences of Not Using a Waiver
5. The Most Common Liability Situations
6. What Should be Included

1. What is a Release of Liability 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.

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

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

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

Release of Liability Form PDF Sample

The sample release of liability form below details an agreement between the releasor, ‘Josh J Tarvar’, and the releasee, ‘Cynthia S Townsend.’ Josh J Tarvar agrees to release Cynthia S Townsend from any claims arising from the termination of a contractual relationship between the two.

Release of Liability Form

2. The 6 Types of Release of Liability Forms – Free Waiver Template Downloads

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.

1. 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.

Download: Word (.doc)

2. 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.

Download: Word (.doc)

3. Automobile Accident Release

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

Download: Word (.doc)

4. 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.

Download: Word (.doc)

5. 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 rans into the releasor’s yard and bit them in the arm.

Download: Word (.doc)

6. 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.

Download: Word (.docx)

3. 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.

4. 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:

Releasor	Releasee
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

5. The Most Common Liability Situations

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

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

6. 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 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