A liability release could help your business stay worry-free throughout any event that carries an element of risk. All it takes is the right general release form PDF template. In this blog post, we’ll show you how these documents keep companies free of litigation.
How Release Forms Work
A release form is a document that companies use to be free of liability. This is usually to prove a person understands the risks of an activity. However, it also lets a firm use somebody’s likeness without legal concerns. This all depends on the type of release.
Liability release forms effectively bar people from suing the company for certain reasons. However, this is unable to protect businesses from claims of gross negligence or misconduct. Firms still need to work hard to create as risk-free an environment as possible.
Before using these forms, you’ll need to check if they suit your state’s liability laws. For example, as of 2024, Louisiana, Montana, and Virginia usually do not recognize liability release forms.
Which Industries Use Release Forms?
Plenty of sectors make use of these documents. This is because they can really help companies get ahead of potential lawsuits, especially frivolous ones. Here are some examples of firms that might use these forms for one reason or another:
- Gyms and fitness centers: Gyms may ask their latest members to sign a waiver before a class. This shows they understand the main risks of using fitness equipment.
- Adventure experiences: Bungee jumping, zip lining, and rock climbing all carry a level of risk. Firms that offer these services will often ask customers to sign a release.
- Healthcare providers: HIPAA release forms let medical centers share a patient’s data in certain circumstances. This data will only go to the people who need to see it.
- Alternative medicine: Holistic health services also offer release forms to ensure clients know their care’s limits. Otherwise, they could sue for treatments not working.
- Photographers: Some release forms let companies use a model’s likeness for their own work. They can then, for example, share any taken photos as stock images.
- General event planners: Any event (indoor or outdoor) has risks that planners will need to navigate. In addition to a risk assessment, liability forms offer ample coverage.
- Equipment rental firms: Renting equipment or even vehicles of any kind requires users to know their risks. This also makes the customer liable for equipment damages.
When To Use Release Forms
Generally speaking, businesses use these documents before an event happens. They might be present at the event itself, or the company might send them out in advance. Release forms also give participants or customers a chance to learn more about the risks at play.
In some cases, liability forms only come into play after an incident. Some people even use them to settle damages from car crashes, for example. However, post-incident waivers make it much harder to certify that the “releasor” understood an activity’s risks.
Your company should always aim to arrange liability forms at the earliest opportunity.
What Is the Assumption of Risk?
A liability release form relies on the assumption of risk. These documents act as legal proof that a person understands and accepts what can go wrong. For example, a release form shows that they know contact sports could injure them.
Your liability form should outline the potential risks in full. This includes ones that may seem too obvious to warrant mentioning. Otherwise, injured parties could use even the smallest omission against you in a court case.
Best Practices for Your Release Form
There are a number of implicit rules your release form needs to follow. These will help it hold up in court, if necessary. Here are the key practices your liability release should follow to guarantee maximum peace of mind:
- Use plain language: Avoid jargon when writing out the specific risks. The releasor might not have a full understanding of the dangers.
- Be clear and specific: Similarly, you can’t be ambiguous about the risks themselves. Be direct, and outline any risks you can think of.
- Give people time: Ideally, make the release available to people well in advance. They’ll have time to read through it without rushing.
- Don’t pressure people: Your staff can’t rush or push people into signing. They must be able to ask questions before signing.
- Use an online template: Online liability forms already have all the important fields. You can also pick a template specific to your industry.
- Keep copies: Always make copies of your liability forms. You may need to present them to a courtroom at some point in the future.
Final Thoughts
Liability forms are a key component of any successful business event, even indoor ones. These work alongside your event’s risk assessment to ensure a safe time free of litigation concerns. To help with this, make sure you always use a reputable liability form template.