Release and Waiver of Liability (Real Property) | Practical Law

Release and Waiver of Liability (Real Property) | Practical Law

A release of liability (commonly referred to as a liability waiver or an exculpatory agreement) given or signed by a visitor to commercial real property. This liability waiver is intended to protect the property owner against liability for claims of illness, injury, or death resulting from the visitor entering the property. It contains a covenant not to sue and optional assumption of risk and indemnification provisions. While liability waivers are generally governed by state law, this jurisdictionally neutral template is useful and relevant in every state. This Standard Document has integrated notes with important explanatory and drafting tips.

Release and Waiver of Liability (Real Property)

Practical Law Standard Document w-030-0499 (Approx. 11 pages)

Release and Waiver of Liability (Real Property)

by Practical Law Real Estate
MaintainedUSA (National/Federal)
A release of liability (commonly referred to as a liability waiver or an exculpatory agreement) given or signed by a visitor to commercial real property. This liability waiver is intended to protect the property owner against liability for claims of illness, injury, or death resulting from the visitor entering the property. It contains a covenant not to sue and optional assumption of risk and indemnification provisions. While liability waivers are generally governed by state law, this jurisdictionally neutral template is useful and relevant in every state. This Standard Document has integrated notes with important explanatory and drafting tips.