Activity waivers are key for many businesses, especially those in the adventure industry. Think of one-of-a-kind, thrilling activities like ziplining adventures or kayaking tours. However, activity waivers can be used by a broad range of other organizations for many different activities.
These documents help protect organizations and their equipment in the event of damages or accidents. However, there are a few important considerations to keep in mind when implementing waivers into your organization’s operations. In this guide, we’ll break down some common activity waiver questions and explore five best practices:
Even if your organization already uses waivers, you could stand to improve your existing processes. Rather than using outdated paper waivers, consider investing in digital waiver software that streamlines the process. Before we dive into the other benefits of digital waiver software, let’s walk through the basics of activity waivers and release forms.
Before we dive into the other benefits of digital waiver software, let’s walk through the basics of activity waivers.
Activity waivers are agreements between an organization providing an activity and the individual participating in the activity. By signing the waiver, participants acknowledge the activity’s risks and agree to release liability from the activity provider.
Because activity waivers are legal documents, it’s of utmost importance that you work with a legal professional to understand waiver laws and develop the waiver language.
There are many different types of legal waivers, some for very specific circumstances and others for broader uses.
Some examples of times when organizations might use a waiver include:
If you’re unsure of whether you need a waiver or what type to draft up, reach out to a legal professional for help.
While we don’t recommend using an online waiver template without consulting a lawyer first, they can be a great starting point.
At Smartwaiver, we offer unlimited, customizable waiver templates you can add your waiver language and company branding to. For example, our generic waiver template includes elements such as:
Here's what a standard activity waiver might look like:
[Company Name] Activity Waiver
I, the person named hereto being above age eighteen, or the legal guardian of the reverse named person who is under 18 years old, in consideration of the services by [Company Name], hereby acknowledge, agree, promise and covenant with [Company Name] and its successors and assigns, on behalf of myself, my heirs, assigns, personal representatives and estate as follows:
Acknowledgment of Risk
I understand and acknowledge that the activities I am about to voluntarily engage in, all related activities offered by [Company Name] (collectively the Activities), bear certain risks, which could result in serious bodily injury (including but not limited to illness, physical and/or mental damage), death, or damage to personal property.
The particular risks of the Activities, include, but are not limited to, the following:
Assumption of Risk and Responsibility
Being aware that the Activities entail risks of injury, I agree, covenant and promise to accept and assume all responsibility and risk of injury, death, illness or disease, or damage to my property arising from my participation in this activity. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate, and I elect to participate in spite of all attendant known and unknown risks.
Photo Release
I understand and acknowledge that my picture may be taken while participating in these activities. I grant [Company Name] permission to use these images and sound bites for any promotional and marketing purpose they require and that the same shall be the sole and exclusive property of [Company Name].
Do you agree to the above terms?:
Initial: _____________
Check out our activity waiver template to see how the finalized form will look!
As we mentioned before, paper waivers are old-fashioned and much less efficient than the modern approach: digital waivers.
Digital waivers contain all of the same language and fields that your paper waiver would, but they are much more flexible and customizable to your needs. For example, if a Spanish-speaking participant needs to agree to the waiver, you can adjust the language with just a few clicks.
Some of the other benefits of using digital waiver software are that it is:
Digital waiver software can be beneficial for organizations of any size. If your organization only uses activity waivers twice a year for certain events, their ease of use will help staff navigate the software quickly. On the other hand, if your organization is in the adventure industry and accepts dozens—or even hundreds—of waivers each day, the secure, searchable database will make finding a specific waiver much faster.
As we’ve mentioned throughout this article, working with a legal professional is strongly recommended. Legal guidelines and laws that could impact your waiver can be difficult to understand on your own, but a lawyer has the knowledge to interpret them.
Lawyers are also trained in writing legally binding contracts, and they will have the necessary expertise to write language that is both compliant and protective of your organization. Ask your lawyer to help you write and review your waiver during each phase of its creation.
While your organization should work with a lawyer to create the actual waiver language, there are some other components to include to ensure participants understand everything and can respond accurately.
To make sure your waiver collects all necessary information, you’ll need software like Smartwaiver with a highly customizable form builder that offers:
Once you add these features, confirm that there are signature or initial fields wherever they are needed. Ask your lawyer to review this final draft before launching it.
A major benefit of digital waivers is that you can share them before the activity or event takes place. Your organization can share links to the waiver via email or social media and even embed them on your website.
In addition to reducing congestion at sign-in desks, you could see these other benefits by sending out waivers ahead of time:
While waivers may be viewed as a hindrance or pesky administrative task by some participants, they can make the experience better and more accessible by helping participants prepare for activities.
Legal documents should be reviewed periodically to ensure that they are still accurate. Even a small change could have a big impact on your waiver, requiring you to adjust sections or rewrite the entire document. To avoid the risk of having an outdated waiver, work closely with your lawyer to develop a schedule to meet and review the document.
As a general rule, you should review your waiver:
Carefully compare your waiver against any relevant updates. If the terms are no longer applicable or compliant, this could negate the benefits of obtaining a liability release from participants.
Activity waiver and release forms can be a useful tool for many organizations. To leverage these, make sure to invest in digital waiver software. The right tool will make everything from storing documents to searching for a specific waiver much easier and faster for your staff.
To try out our comprehensive solution, claim your free trial of Smartwaiver’s software!
Want to learn more about using waivers at your organization? Check out these helpful resources: