What is this document?
A Release and Waiver is a legal document where one party agrees before participating in an athletic/sporting event to waive any present or future claims against the other party.
When would I use this document?
This documents are used frequently by companies that are offering events where there is a risk that someone could be injured. This can include events such as paintball, axe throwing, hockey tournaments, sky diving, boxing, soccer, table tennis etc. Companies will want to avoid the risk of participants suing the company for an injury they sustained during the event.
Who signs this document?
This document is signed by the company and the participant.
More details about this document
Companies want to host fun and athletic events for individuals. However, they want to do so without the risk of being sued for injuries that occur during the event, especially when hundreds of people could be participating. Companies will want the release to be as broad as possible, and to include a release from such things as all present or future causes of action, claims or demands of any kind, including (without limitation) claims for loss, damage, injury costs, legal fees and related disbursements.
There can also be covenant language where the participant agrees not to sue to the company. These type of contracts may also include language where it is made clear that the participate acknowledges there is a chance that they could suffer physical or psychological injuries, sickness or death from participating in the event.
What are the core elements of this document?
The core elements of a Release and Waiver from a Sporting Event include: Definition of Activity, Limitation of Liability, Indemnity, Relationship of the Parties, Release, and Assumption of Risk.
Additional clauses may include: Governing Law, Independent Legal Advice, Publicity Release, Expenses and No Medical Conditions.
Related Documents
- Settlement Agreement - an agreement in which the parties agree on payment as a settlement for all claims, and which usually includes some form of waiver and release of claims
- Standard Disclaimer Language - a document advising a user of the risks of engaging in an activity or of entering a premises, which requires the user to sign a waiver of all claims and limits the liability of the owner/host of the activity/facility.