What is a liability waiver?

What a liability waiver is made of

Most waivers share the same building blocks. Seeing them helps you read a waiver before you sign one and write a better one for your business.

• Parties and activity: who is giving the release and what it applies to.
• Acknowledgment of risks: the specific risks of the activity, in plain words.
• Assumption of risk: the person chooses to take part knowing those risks.
• Release and waiver: the claims the person gives up.
• Covenant not to sue and indemnification: promises about future claims and costs.
• Health statement, medical authorization and, when relevant, consent for minors.
• Severability, entire agreement and governing law.
• Signature, printed name and date.

When you might need one

A waiver is worth considering whenever customers or guests take part in something where a person or animal could be hurt, or property could be damaged, even when you take care. Many home-based and side businesses start without one because the risk seems small. A signed document is cheap compared with a dispute.

It is not a legal requirement for most small businesses and it is not a substitute for insurance, safe practices or following the licensing rules for your work.

Does a waiver hold up? Enforceability varies by state

Courts look at waivers case by case, and the rules differ across the country. There is no single answer that is true everywhere. These are general factors courts often consider, described in broad terms and not as legal conclusions:

• Clear and conspicuous language. Courts often look at whether a reasonable person could understand the document and whether the release language stands out instead of being buried.
• Voluntary signing. A waiver is more likely to be respected when the person had a real chance to read it and was not rushed or pressured.
• Scope. A release that is specific about the activity and risks may be treated differently from one that tries to cover everything. Waivers generally cannot release gross negligence or intentional or reckless misconduct.
• Who signed. A waiver may not bind people who did not sign it. Releases signed by a parent on behalf of a minor are not enforceable in some states and are treated differently in others.
• Public policy. In many states, courts may refuse to enforce a release when it would conflict with public policy or a statute, which can depend on the type of business or activity.

Because these factors and the law vary, treat any template as a starting point and have a licensed attorney in your state review it. This page does not say how any particular state treats waivers.

Write one for your business

Open the generator

The generator builds a waiver from your industry, risk level, state and details. You can read and edit the whole document for free. See also the release of liability form page.

Waivers by business type

• Pet sitting waiver
• Cleaning service waiver
• Tutoring waiver
• Home bakery waiver
• Bounce house waiver
• Beauty and Reiki waiver
• Event waiver