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Liability Waiver template

A liability waiver (release of liability) is signed by a participant to acknowledge the risks of an activity and release the organizer from certain claims, to the extent the law allows.

Replace everything in [BRACKETS], export to PDF, then send it for signature.

1. Parties and Activity

This Release and Waiver of Liability (the "Waiver") is made on [DATE] by [PARTICIPANT NAME], residing at [PARTICIPANT ADDRESS] (the "Participant"), in favor of [ORGANIZATION NAME], located at [ORGANIZATION ADDRESS], together with its owners, employees, contractors, and volunteers (the "Released Parties"). This Waiver relates to the Participant's participation in [DESCRIBE ACTIVITY] at [LOCATION] on or from [DATE(S)] (the "Activity").

2. Voluntary Participation

The Participant confirms that participation in the Activity is entirely voluntary and that the Participant has chosen to participate despite the risks described in this Waiver.

3. Acknowledgment of Risks

The Participant understands that the Activity involves inherent risks, including but not limited to [LIST RISKS, e.g. falls, collisions, equipment failure, weather conditions, physical exertion], which may result in minor injury, serious injury, illness, death, or damage to or loss of property. Some risks cannot be eliminated without changing the essential nature of the Activity.

4. Assumption of Risk

The Participant knowingly and voluntarily assumes all risks, known and unknown, associated with the Activity, even if arising from the ordinary negligence of the Released Parties, to the fullest extent permitted by law.

5. Release of Liability

To the fullest extent permitted by law, the Participant releases, waives, and discharges the Released Parties from any and all claims, demands, and causes of action arising out of or related to the Participant's participation in the Activity. This release does not apply to claims arising from gross negligence, willful misconduct, or any liability that cannot lawfully be waived.

6. Indemnification

The Participant agrees to indemnify and hold harmless the Released Parties from any loss, liability, or cost, including reasonable legal fees, resulting from the Participant's own conduct or breach of this Waiver, to the extent permitted by law.

7. Health and Fitness

The Participant confirms that they are in good health, have no medical condition that would make participation unsafe, and will inform [ORGANIZATION NAME] of any relevant condition before the Activity. The Participant agrees to follow all safety rules and instructions and to stop participating if they feel unwell or unsafe.

8. Medical Treatment Authorization

If the Participant is injured or becomes ill, the Participant authorizes [ORGANIZATION NAME] to obtain emergency medical treatment on their behalf. The Participant is responsible for the cost of any such treatment. Emergency contact: [EMERGENCY CONTACT NAME AND PHONE].

9. Minors

If the Participant is under [AGE OF MAJORITY] years old, a parent or legal guardian must sign this Waiver. The parent or guardian agrees to its terms on behalf of the minor and on their own behalf, to the extent permitted by law.

10. Governing Law and Severability

This Waiver is governed by the laws of [GOVERNING LAW JURISDICTION]. It is intended to be as broad as the law allows. If any part is held invalid, the remainder continues in full force and effect.

11. Signatures

BY SIGNING, THE PARTICIPANT CONFIRMS THEY HAVE READ AND UNDERSTOOD THIS WAIVER AND ARE GIVING UP CERTAIN LEGAL RIGHTS. The Participant agrees that this Waiver may be signed electronically, and that an electronic signature has the same effect as a handwritten signature. PARTICIPANT: [PARTICIPANT NAME] Signature: ____________________ Date of Birth: [DATE OF BIRTH] Date: [DATE] PARENT OR GUARDIAN (if Participant is a minor): [GUARDIAN NAME] Signature: ____________________ Date: [DATE] [ORGANIZATION NAME] Signature: ____________________ Name: [REPRESENTATIVE NAME] Date: [DATE]

When to use this template

  • Before customers take part in physical, outdoor, or adventure activities
  • When renting equipment such as bikes, kayaks, or tools to the public
  • When volunteers help at events, builds, or community programs
  • Before classes, workshops, or tours that carry a risk of injury or property damage

How to fill it in and get it signed

  1. Enter your organization's details and describe the activity, location, and dates.
  2. List the specific risks of the activity in plain language so participants understand them.
  3. Add the emergency-contact line, the age of majority, and the governing-law jurisdiction.
  4. Review which claims the law in your area allows to be waived.
  5. Upload the waiver to eSignSimple, save it as a template, and send it to each participant (and guardian) for e-signature. Signers don't need an account.

This template is general information, not legal advice. Laws differ by country and state; have a lawyer review contracts with high stakes.

Frequently asked questions

Are liability waivers enforceable?

It depends on the jurisdiction and the wording. Many courts enforce clear, specific waivers for ordinary negligence, but waivers of gross negligence or intentional harm are commonly unenforceable. Have a lawyer review waivers for high-risk activities.

Can a liability waiver be signed electronically?

In most countries, yes. eSignSimple records an audit trail with timestamps, IP addresses, and a document hash to help show who signed and when.

What is the difference between a waiver and an assumption of risk?

An assumption of risk clause confirms the participant understands and accepts the risks. A release gives up the right to bring certain claims. Most waivers, including this template, contain both.

Can a parent sign a waiver for a child?

Parents usually sign on behalf of minors, but some jurisdictions limit how far a parent can waive a child's claims. Check local rules if you work with children.