Overview of Standard Disclaimer Language
What is this document?
This Standard Disclaimer Language is intended to protect a company from liability for injuries or loss sustained by a guest participating in a company activity.
When would I use this document?
This could be used by a company in any situation where members of the public (the “guest”) enter company property or facilities and participate in an activity eg. factory tour, amusement park, bowling alley, golf course, museum, sports facility, sightseeing tour, zip-lining etc.
Who signs this document?
The guest – the person participating in the activity- signs the document.
More details about this document
The purpose of this document is to protect the company from liability for injuries and losses. The guest is required to agree that the activity is dangerous, that the guest will be responsible for their own safety and that they will not behave in a way that endangers others.
The guest agrees that the company will not be responsible for any ‘loss, damage or theft’ to their property or themselves, and that they and their heirs will not make a claim for any such damages.
The guest is required to disclose any medical conditions and agrees not to participate in the activity if certain medical conditions are present.
The guest releases the company from all liability, and waives all liability of the company.
The document contains language that applies to methods of transportation as well as the activity.
What are the core elements of this document?
The core elements include Limit of Liability, Waiver of Liability, Release of Liability, Acknowledgement of Risk, and Indemnity.
The document could also contain Entire Agreement and Severability Clauses.
Release and Waiver from Sporting Event – an agreement releasing the host of a sporting event from all liability for injuries of loss sustained while present at the event or on the host’s property
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
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