Administering activity waivers is key for many businesses, often 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.
Activity waivers help protect organizations and their equipment in the event of damages or accidents. These risks are present during many activities, not just adventurous activities like surf lessons in Hawaii. For example, volunteers at an animal rescue could be at risk of personal injury, and the shelter might consider asking those interested in volunteering to sign a waiver.
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 organizations that already use waivers could improve their existing processes. Rather than using paper waivers or offering them at your physical location only, consider investing in digital waiver software that allows participants to sign ahead of time on their own devices.
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 risks of the activity and agree to release liability from the activity provider.
Depending on the local laws in your area, this can help protect your organization from certain risks. 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. Activity waivers can be used in many different scenarios by a variety of industries, from summer camps to whitewater rafting tours.
While used very commonly by the adventure industry, there are times when other businesses and organizations need activity waivers. Here are some examples of times when organizations might use a waiver:
There are many different reasons an organization might need an activity waiver, and it’s important to consult a lawyer when deciding whether your organization needs one.
Now that you have a grasp of the fundamentals of activity waivers and their necessity, it's time to put them into action. Here are some essential tips to guarantee a seamless process for both your organization and participants.
While traditional paper waivers might be the first thing that comes to mind when you think of waivers, this method is antiquated 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 make it easy for staff to quickly learn how to use the software. 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 and easier.
As we’ve mentioned throughout this article, working with a legal professional is strongly recommended when making a waiver. 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. Remember to ask your lawyer to help you write and review your waiver during each phase of its creation, but particularly before launching your final draft to participants.
Your organization should work with a lawyer to create the actual waiver language, but keep in mind that there are some other components to include to ensure participants understand everything and can respond accurately. For instance, you may want to include things like your organization’s logo or other branded elements to maintain consistent branding.
To make sure your waiver collects all necessary information, fits your organization’s needs, and fulfills all requirements, you’ll need software with a highly-customizable form builder. Look for one with features like:
Once you add these features, carefully review the document to make sure there are signature or initial fields wherever they are needed. Consider asking your lawyer to review this final draft to confirm that the waiver contains all relevant fields.
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 you can also embed them on your website.
If you run a kayaking business, for example, you might dedicate a page of your website to the waiver form so potential customers can easily find it. Or, if you work for a nonprofit and require volunteers to sign a waiver before working with the organization, include a link to the form in your welcome email to new volunteers.
In addition to reducing congestion at sign-in desks, you could see other benefits from sending out waivers ahead of time such as:
While waivers might be viewed as a hindrance or pesky administrative task by some participants, they can actually make the experience better by helping participants better prepare for activities. And because digital waivers are more accessible than paper ones, your organization can make it possible for more people to read, understand, and sign the waiver.
Legal documents like waivers should be reviewed periodically to ensure all the information contained in them is still accurate. Even a small change could have big impacts 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:
To avoid having an outdated waiver, prioritize carefully comparing the 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 waivers can be a useful tool for many organizations across a wide range of industries. To leverage these waivers for your organization, 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: