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Liability Waivers Toolkit
Practical Law Toolkit w-029-5040 (Approx. 8 pages)
Liability Waivers Toolkit
by Practical Law Commercial Transactions
| Maintained • USA (National/Federal) |
A collection of resources to assist counsel in evaluating, drafting, and negotiating releases and waivers of liability (also known as liability waivers or exculpatory agreements).
A release and waiver of liability (commonly referred to as a liability waiver or an exculpatory agreement) releases a party, typically a service provider or the owner or operator of a commercial business or property, from liability for personal injuries or damages that may occur on its premises or while an individual engages in an activity managed or operated by the business. Commercial establishments, such as services facilities or activity venues, commonly ask their customers to sign liability waivers before engaging in potentially dangerous or hazardous activities, such as:
- Participation in sports or recreational activities, including snow skiing, horseback riding, parachute jumping, and white-water rafting.
- Use of a fitness center, golf course, trampoline park, rock climbing facility, or similar activity venue.
- Attendance at a sporting or entertainment event, for example, a car race, baseball game, or music festival.
During the COVID-19 pandemic, some businesses also required customers to sign liability waivers releasing them from liability for claims related to COVID-19 exposure on their premises or during an activity managed or operated by the business.
This Toolkit is designed to help counsel:
- Identify key legal and business issues related to liability waivers.
- Understand the legal terms associated with liability waivers. For example, parties often include the terms negligence, gross negligence, and willful misconduct in risk-shifting provisions, but the definitions for these terms can vary by jurisdiction.
- Draft enforceable liability waivers.
For more information and resources for businesses related to COVID-19, see Commercial Global Coronavirus Toolkit and Global Coronavirus Toolkit.