How to Write a Liability Waiver (Free Template)

A liability waiver may limit your liability in some situations, but it does not guarantee protection from a lawsuit. Whether a waiver is enforceable depends on factors such as state law, the wording of the document, and the circumstances involved. Rules can also vary depending on the activity and who is signing the waiver.

A liability waiver is a type of legal agreement, so understanding the basics of contracts can also help when creating one.

What Is a Liability Waiver?

A liability waiver is a document where someone agrees to accept certain risks and give up certain legal claims related to an activity or service. It may also be called a liability release or release of liability form.

You may be asked to sign one at a gym, recreational sports league, climbing facility, or company that offers outdoor activities. A waiver is different from a general consent form. Consent means you agree to participate in an activity while a waiver goes further by addressing specific legal claims you agree to release.

It is also different from a disclaimer or general terms and conditions. A disclaimer typically limits or explains responsibility, while terms and conditions set the rules for using a service or participating in an activity. A liability waiver specifically addresses certain legal claims that a person agrees to release.

Signing a waiver does not automatically prevent you from filing a lawsuit or protect a business from every type of misconduct. A court may refuse to enforce a waiver if it is unclear, overly broad, violates public policy, or does not meet applicable state law.

What Should a Liability Waiver Include?

A good liability waiver should clearly explain what the person is agreeing to and what risks they are accepting. While the exact requirements vary by state and activity, most liability waivers include:

• Names of the parties: Identify the person signing the waiver and the business or organization being released.
• Activity description: Explain what the person will be doing and when the waiver applies.
• Known risks: Describe the realistic risks involved, such as falls, collisions, or equipment-related injuries.
• Assumption of risk: State that the participant understands the risks and voluntarily chooses to participate.
• Release of liability: Explain which legal claims the participant agrees to release, including claims related to personal injury or property damage when appropriate. Whether a waiver can cover negligence depends on state law.
• Exceptions and limitations: Do not try to waive liability that cannot legally be waived.
• Signature and date: Include the participant’s printed name, signature, and the date.
• Additional terms: Depending on the situation, you may need state-specific language, provisions for minors, a governing law provision, or other terms.

These are common elements, not a universal legal checklist. What a waiver should include, and what it can legally protect against, depends on your state, the activity, and the circumstances.

How to Write a Liability Waiver Step by Step

Writing a liability waiver starts with clearly explaining the activity, its risks, and the legal rights the participant is agreeing to release. Follow these steps to create a basic waiver.

1. Identify the people or organizations involved

Start by naming the participant and the business or organization providing the activity. Use the business’s correct legal name so there is no confusion about who the waiver applies to.

2. Describe the activity and its risks

Clearly explain what the participant will be doing and the risks that come with it. Be specific. For example, a waiver for a recreational sports league might mention falls and collisions, while one for a climbing facility might address falls and equipment-related injuries.

3. Write a clear release of liability

Explain which legal claims the participant agrees to release. Avoid vague language such as, “I accept all responsibility for everything.” The waiver should clearly state what rights the participant is giving up. Whether a waiver can release claims based on negligence depends on state law.

4. Check your state’s requirements

Before using a waiver, check the laws where the activity takes place. Some states limit or prohibit certain types of liability waivers. Special rules may also apply to children, recreational activities, or certain industries.

5. Make the waiver easy to read

Use plain language, clear headings, and readable text. Make important terms, especially the release of liability, easy to find. Give participants enough time to read and understand the waiver before signing it.

6. Get the waiver signed and keep a copy

Have participants sign the waiver before taking part in the activity when appropriate. Keep completed waivers in a secure place where you can find them later. A digital waiver may also be an option for businesses that collect forms electronically. Electronic signatures may be valid, depending on applicable law and the circumstances.

Free Simple Liability Waiver Template

You can write your own liability waiver by customizing a template to fit your needs. If you’re looking for a general liability waiver, our free template can give you a starting point. Review your document to make sure it follows state and other applicable laws and requirements.

Use the Following Liability Waiver Template as a Guide:

Are Liability Waivers Legally Binding?

A liability waiver can be legally binding, but signing one does not guarantee that a court will enforce it. If a dispute arises, a court may look at the waiver’s wording, how clearly it explains the rights being released, whether the person agreed to it voluntarily, and the laws and public policy of the state.

A waiver may also have limits. For example, state law may prevent someone from waiving claims involving gross negligence, intentional misconduct, or other conduct that cannot legally be released.

A generic online liability waiver may not include the language required for your state or the specific activity involved. If the waiver is important to your business or involves significant risks, consider having an attorney review it. A lawyer can help you understand what the waiver can and cannot legally protect against.

Frequently Asked Questions about Liability Waivers

Can I write my own liability waiver?

Yes. You can draft your own waiver using a template as a starting point. However, you should check your state’s requirements and consider having a lawyer review it before using it.

Does a liability waiver protect you from being sued?

Not completely. Someone may still file a lawsuit after signing a waiver. The waiver may help defend against certain claims, but a court will decide whether it is enforceable.

Can a liability waiver cover negligence?

Sometimes. State law determines whether a waiver can release claims based on ordinary negligence and what language it must use. A waiver generally cannot eliminate liability for conduct that the law does not allow a person to waive.

Can a parent sign a liability waiver for a child?

It depends on state law and the circumstances. A parent’s signature does not automatically waive a child’s right to bring an injury claim, so businesses working with minors should seek state-specific legal advice.

Does a liability waiver need to be notarized?

Usually, notarization is not a general requirement for an ordinary liability waiver. However, specific laws or circumstances may impose additional requirements, so check the rules that apply to your document.

When Should You Have a Lawyer Review a Liability Waiver?

A simple liability waiver may be enough for some low-risk activities, but legal review can be helpful when more is at stake. Consider having an attorney review your waiver if:

• Your business offers a higher-risk activity, such as contact sports or adventure activities.
• Your business operates in more than one state.
• The waiver involves children or teenagers.
• A serious injury could lead to significant financial losses.
• Your state has special rules for the type of activity or waiver you use.

If you still have questions, a business attorney can help you understand which risks your waiver can address, whether you need state-specific language, and what other steps may help protect your business. This can help you avoid relying on a waiver that may not provide the protection you expect.

Disclaimer: The information presented here does not constitute legal advice or representation. It is general and educational in nature, may not reflect all recent legal developments, and may not apply to your unique facts and circumstances. Consider consulting with a qualified business attorney if you have legal questions.