National Law
Committee

Event Waivers and Releases

Districts and Squadrons should consider using a Waiver and Release for events that are held where participants are asked to assume the risk of the event. LawCom has drafted a form as an example of what might be considered in the development of the final product.

Squadrons and Districts MUST consult with an attorney for the development of the final form. The law of each state will be somewhat different as to the terms of the form to be used to accomplish the release and the effect of those terms.

 This release should only be used in modified form relating to the event involved and only after an attorney for the squadron or district has reviewed this form and redrafted it to meet the specifics of the event and the law of the state where the event is held. The Law Committee emphasizes that the above form cannot be considered final and must be tailored to the event, the persons signing the form, and the law of the state where the event is to be held.

The following additional points are found in many state laws and should be considered when preparing a Waiver and Release form:

Be specific. Give event name, date and location, specific dangers that might be involved, the entities being released and the class of persons doing the releasing. Consider having an additional information sheet or brochure, describing the dangers of the event. If the event is on the water, consider having a statement in the form that the signing parties are familiar with the Inland or International navigation rules, whichever are appropriate.

Make the release and the exculpatory provisions conspicuous—use bold letters, italic or colored text. Consider doing the following:

1. Have negligence waivers conspicuous, separately titled, highlighted and even consider having a separate signature or a place for initials just after or in the margin for these clauses.
2. Exculpatory language should be in a place in agreement where it is noted with ease, not buried in fine print.
3. If there is a reverse page, there should be language on the front referring to the reverse side.
4. The language of any negligence waiver should be readable. Avoid legal jargon as much as possible. Use words that would be understood in ordinary speech.

Don't have any misstatements of fact in the form and especially in the description of the event and the potential dangers related to same. Most courts will void any form that has such a misstatement. Don't be over broad. State that it does not waive intentional or reckless acts, but do state that it waives negligence claims.

Provide enough places for all participants to sign or consider having each participant sign a separate form. Have their spouses sign. Realize that such claims may not be able to be released without the signature of the spouse. When minors are involved, in addition to having the parents (or legal guardian), sign, if the child is beyond a certain age, consider having the child sign.

Include an indemnification clause (see the form paragraph 3), but if you do, make sure that it is separately labeled: HEREBY AGREES TO INDEMNIFY and SAVE AND HOLD HARMLESS.

Consider the circumstances of the signing. Releases signed at the doorstep are much less likely to be valid than those where the signing party had time to consider the options: to sign or not to participate.

Be able to answer any questions that the signing party may have about the event and the purpose and terms of the form. Those who see to the obtaining of the signatures must have a basic knowledge of the purpose and effect of the terms of the form.

View a sample Waiver and Release form