Last Updated March 27, 2024
What is an Activity Waiver?
An Activity Waiver is an agreement between an activity provider and the participants, in which the participant agrees they understand the risks of the activity and will not sue the activity provider for any injuries or damages. Activity providers, such as businesses, sports teams, and organizations, will typically ask participants to sign a Waiver before an activity to protect themselves from liability.
An Activity Waiver is also known as a:
- Liability form
- Liability waiver
- Liability release
- Release of liability
- Sports waiver
What is the purpose of an Activity Waiver?
An Activity Waiver can protect an activity provider against civil liability in case of an accident. In the case of an Activity Waiver, liability means being responsible for repairing a participant’s damage or injury. Activity Waivers create a legally-binding, written agreement between the activity provider and participant stating that the participant won’t hold the activity provider responsible for any harm done to the participant during the activity.
For example, a stable that teaches horseback riding lessons may have students sign a waiver before riding in their facility. This way, if a participant falls off the horse and breaks their arm, the stable is protected against a lawsuit claiming they are responsible for the participant’s injury.
An Activity Waiver can also educate the participant on the potential risks of the activity.
What activities can I use an Activity Waiver for?
You can use an Activity Waiver for a variety of activities, such as:
- Sports or fitness, such as skydiving, rugby, or kayaking.
- Professional services, such as hair colouring.
- Parties or events, such as marathons.
- Vehicle rentals, such as motorcycles, boats, or cars.
- Animal care or handling, such as horseback riding.
- Other activities,such as woodworking or welding classes.
Some states or union territories have their own restrictions on what activities can utilize an Activity Waiver for release of liability. Check your state or union territory’s laws for more guidance.
How do I write an Activity Waiver?
To write an Activity Waiver, complete the following steps:
1. State the location where the activity will take place.
Different jurisdictions have different rules and regulations. Our Activity Waiver template will customize your form for your location.
If the activity takes place in more than one location, choose the state where the parties reside or the location of the activity provider's business.
Where legislation is similar, the choice of jurisdiction may not make a difference. However, some states and union territories have varying rules about Activity Waivers and the activities they can be used for.
2. Provide the activity details
If known, provide the date on which the activity is taking place. If not known, indicate the date is unspecified.
Also, include details about the activity, including a brief description of what the activity involves.
The activity provider is the party 'released' by the participant from a claim or legal right that the participant could have against the activity provider concerning their participation in the activity.
Provide the full name of the individual or company providing the activity along with their address.
4. Invite participants to complete the Activity Waiver
Invite participants to complete the Activity Waiver by entering their names and emails into our questionnaire, or by copying and sharing the unique URL provided on the preview page, which participants can use to complete the waiver.
When participants receive an email or enter through the provided link to complete the waiver, we’ll ask for their name and address along with their emergency contact details. Everyone will complete the waiver through LawDepot.
If you don’t invite participants immediately, you can return to your Activity Waiver to invite participants at any time.
How do participants complete online Activity Waivers?
Once participants have received the online Activity Waiver through email or the custom URL link, they can navigate through the Waiver, input their address and emergency contact details, and return it to the activity provider.
Indemnity Agreement: Create an Indemnity Agreement for more comprehensive protection against liabilities, losses, or claims.
Service Agreement: Outline the relationship between yourself and your clients. Describe the service you agree to provide and the terms of payment to avoid misunderstandings later.
Demand Letter: Request payment or action from another party.
