Liability waiver and release form

The form a participant signs before an activity: they accept the risks, release the organizer from ordinary negligence claims, and give an emergency contact. Send it once; each participant signs from their phone.

A release a participant signs before taking part in an activity that carries some risk of injury. The participant acknowledges the risks, agrees not to sue the organizer for injuries caused by the ordinary risks of the activity or the organizer’s ordinary negligence, and provides emergency and medical information. A parent or guardian signs for a minor.

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What it covers

When to use it

What it does not do

Signing, witnesses and delivery

The agreement

Waiver of Liability, Assumption of Risk and Release

This Waiver of Liability, Assumption of Risk and Release (the "Waiver") is given by [Participant full name] ("Participant"), born [Participant date of birth], telephone [Participant phone], in favor of [Organizer or business name] and its owners, officers, employees, instructors, volunteers, agents, landlords, sponsors and affiliates (together, the "Released Parties"), in consideration of being permitted to take part in the activity described below. READ THIS DOCUMENT CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

1. The Activity

Participant wishes to take part in the following (the "Activity"): [The activity], at [Location], on or during [Dates or period covered]. The Activity includes travel to and from it arranged by the Released Parties, use of their premises, facilities and equipment, instruction, and any related event or session.

2. Acknowledgement of Risks

Participant understands that the Activity involves risks of injury that cannot be eliminated regardless of the care taken, including the following: [Specific risks of this activity]. Participant further understands that the risks include minor injuries such as bruises, sprains and cuts; serious injuries such as fractures, concussion, spinal injury and permanent disability; illness, including from heat, cold, exertion or exposure; property loss; and death.

Participant understands that these risks may arise from the Activity itself, from the conditions of the premises and equipment, from the actions or inaction of the Released Parties, including their negligence, from the actions of other participants or third parties, from weather, and from Participant’s own conduct, fitness and skill.

3. Assumption of Risk

Participant voluntarily chooses to take part in the Activity with full knowledge of these risks and assumes all of them, known and unknown, whether or not described above, including risks arising from the ordinary negligence of the Released Parties. Participant confirms that Participant is physically able to take part, has no condition that makes the Activity unsafe for Participant except as disclosed in Section 6, and has consulted a physician about any doubt.

4. Release and Covenant Not to Sue

To the fullest extent permitted by law, Participant, for Participant and Participant’s heirs, personal representatives and assigns, RELEASES, WAIVES AND DISCHARGES the Released Parties from any and all claims, demands, causes of action and liability of any kind for personal injury, illness, death or property damage arising out of or related to the Activity, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, and COVENANTS NOT TO SUE the Released Parties on any such claim. This release does not extend to gross negligence, willful or wanton misconduct, or intentional harm, and does not release any claim that cannot be released under applicable law.

PARTICIPANT SHALL INITIAL THIS SECTION TO CONFIRM THAT PARTICIPANT HAS READ AND UNDERSTANDS IT.

5. Indemnity

Participant shall indemnify and hold harmless the Released Parties from any claim, loss, liability, cost or expense, including reasonable attorney fees, brought or incurred by any person because of Participant’s conduct during the Activity, including injury to another participant or damage to property, and from any claim by any person on Participant’s behalf that is inconsistent with this Waiver.

6. Medical Consent and Emergency Contact

If Participant is injured or becomes ill during the Activity and is unable to consent, Participant authorizes the Released Parties to obtain emergency medical treatment, including first aid, ambulance transport and hospital care, and agrees to pay the cost of that treatment. The Released Parties make no representation that medical personnel will be present. Emergency contact: [Emergency contact name and relationship], telephone [Emergency contact phone].

Participant discloses the following medical conditions, medications and allergies relevant to the Activity: [Medical conditions, medications or allergies (or "None")]. Participant shall inform the Released Parties of any change before taking part.

7. Rules and Conduct

Participant shall follow the safety rules, signage and instructions of the Released Parties, use equipment only as instructed, and report any unsafe condition or injury immediately. Participant shall not take part while under the influence of alcohol or drugs. The Released Parties may refuse or stop Participant’s participation at any time for safety reasons or breach of the rules, without refund. Participant is responsible for Participant’s own belongings.

8. Minor Participant

Is Participant under eighteen (18) years of age: [Is the participant under 18?]. If so, this Waiver is signed on Participant’s behalf by [Parent or guardian name (or "None" if the participant is an adult)] ("Guardian"), who represents that Guardian is Participant’s parent or legal guardian, has read and understands this Waiver, consents to Participant taking part in the Activity, gives the assumption of risk, release and indemnity in Sections 3 through 5 on Guardian’s own behalf and, to the fullest extent permitted by law, on Participant’s behalf, and agrees to the medical consent in Section 6. Guardian acknowledges that some states do not enforce a parent’s release of a minor’s own claims, and agrees that the remainder of this Waiver applies in any event. If Participant is an adult, Participant signs personally and this Section does not apply.

9. Photographs

The Released Parties may photograph or record the Activity and may use images in which Participant appears for their own promotional purposes without compensation, unless Participant notifies them in writing before the Activity that Participant does not consent.

10. General

This Waiver is governed by the laws of the State of [Governing law (state)]. It is intended to be as broad and inclusive as that law permits. If any part of it is held invalid, the remainder shall continue in full force and effect, and the invalid part shall be modified to the minimum extent needed to make it enforceable. This Waiver is the entire agreement between Participant and the Released Parties about its subject, supersedes any earlier waiver for the same Activity, and binds Participant’s heirs, personal representatives and assigns.

Participant has read this Waiver, understands that Participant is giving up substantial rights, including the right to sue, and signs it voluntarily. This Waiver may be signed electronically, and the electronic execution record, timestamps and document fingerprints kept by the signing platform are conclusive evidence of its execution.

Signatures

Organizer / business · Participant (or parent/guardian if a minor)

Liability Waiver and Release FAQ

Are liability waivers enforceable?

In most states, yes, for the inherent risks of an activity and for the organizer’s ordinary negligence, provided the waiver is clear, conspicuous and signed voluntarily. Courts read waivers strictly, which is why this one names the activity, spells out the risks, uses the word “negligence”, and has the participant initial the release paragraph. No waiver anywhere covers gross negligence, recklessness or intentional misconduct.

Which states do not enforce waivers?

Louisiana, Montana and Virginia refuse to enforce pre-injury releases of negligence in most circumstances. Several others, including New York for places of amusement or recreation that charge a fee (General Obligations Law §5-326), limit them for specific settings. Even where a waiver is unenforceable, the assumption-of-risk and emergency sections still have value and the form is worth signing.

Can a parent waive a child’s right to sue?

It depends on the state. California, Colorado, Florida (for inherent risks, under a specific statute), Ohio and others enforce a parent’s pre-injury release in at least some circumstances; many states, including Illinois, New Jersey, Pennsylvania and Texas, do not enforce it against the child’s own claim. The parent’s signature still binds the parent’s own claims and the indemnity, and documents that the risks were disclosed, so it is worth getting.

What does the participant have to disclose about their health?

Any condition that could affect their safety in the activity, such as a heart condition, pregnancy, recent surgery, seizures or allergies. The form asks for it and records that the participant is responsible for consulting a physician before taking part. It does not make the organizer responsible for screening participants.

Can I send this blank and let each participant fill in their own name?

Yes. Fill in the activity, location and dates, leave the participant’s name, emergency contact and medical fields blank, and send the link to everyone. Each participant fills in their own details when they open it and signs; you receive a separate signed PDF for each person.

Does the waiver cover a gym membership that runs for months?

Yes, if you say so. In the dates field write the membership period, or “All visits during the participant’s membership”, and the release applies to every session in that period. Have members sign a fresh waiver when they renew or when you add a new type of activity.

Related templates

This template is general information, not legal advice. Laws differ by state; review anything important with a lawyer.

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