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GENERAL INSTRUCTIONS WHAT IS A RELEASE OR WAIVER AGREEMENT? A Release of Liability Form or Waiver of Liability Form is a legal document between two parties, the Releasor or person participating in an event or activity, and the Releasee or organizer or sponsor worried about accidents occurring. By signing the Release or Waiver, the participant understands the risks involved and agrees to not sue the organizers if anything happens. A Release or Waiver is alternatively used when an accident like a car wreck or property damage has already occurred. Instead of going through an expensive lawsuit, both parties agree to settle the dispute out of court. WHAT SHOULD BE INCLUDED A simple waiver of liability will identify the following basic elements: Releasor: person who promises not to sue or take any legal action against the owner or organizer of the event or activity being attended Releasee: owner or organizer of the event or activity who is at risk of being sued Effective Date: when the agreement shall take effect Event: description of event, activity, or circumstances being held Consideration: the amount of money, promised (in)action, or something of legal value given in return for signing the Release or Waiver Governing Law: any disagreements will be resolved using the laws of one state Other Names
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WHEN IS IT NEEDED A Release or Waiver of Liability is often needed either before or after an incident occurs. Organizations or people may be concerned about being taken to court by someone who accidentally gets injured while attending an event or activity they will be sponsoring. Without a written Release or Waiver, everyone faces the possibility of being summoned to court or dragging out a disagreement over who owes what. A Release or Waiver in writing can prevent lost time, money, and mental anguish for both parties involved. A Release of Liability or Waiver Form may also include one of these additional provisions: Assumption of Risk: the participant understands that the activities are inherently hazardous and dangerous yet agree to assume the risk of being injured or harmed Insurance: the individual is responsible for their own medical, health, or life insurance Medical Treatment: the person will not sue even if they are further injured by any medical treatment given during an emergency at the event Modifications: any changes to the Release must be in writing Photographic Release: the participant agrees that images or recordings can be used in connection with the event attended Right to Attorney: everyone understands that they have the chance to consult with an attorney about the Release and are otherwise signing the Release voluntarily |