What Is a Waiver of Liability and Why Do I Need One?
What Is a Waiver of Liability?
Simply put, a Waiver of Liability is a legal document that informs participants or clients of any possible risks involved while participating in your services. This Waiver of Liability ultimately protects you from being liable for any such injuries or beyond that may occur.
Just like in any sport, teams must have a strong offence and defence to be one of the more successful teams in their league. Your business is no different and also needs a strong offence and defence. Think of your Waiver of Liability as a line of defence for your business!
The use of these documents are extremely common and important. When running your business, Waivers of Liability should be carefully considered and should never be overlooked.
Why are Waivers of Liability Necessary?
Cross out necessary, they are ESSENTIAL! In law, we consider Waivers of Liability preventative law. This means it’s a small economic and legal investment into your business now so you can protect your business later. AWaiver of Liability allows your business to prevent the risk of legal recourse down the road that will cost you so much more time and energy. You put years of hard work into your business, so why would you risk it all being taken away with a potential lawsuit?
Having your participants sign a Waiver of Liability prior to taking part in your services or activities will protect you and your business from any legal recourse in the possible event of injury. Even though you may expect or have only experienced amazing participants and/or clients (or so we hope!), you must always consider the worst case scenarios for the ‘Karens’ of the world.
When your Client signs a Waiver of Liability they are acknowledging that:
- They are responsible for their own wellbeing and any personal risks involved in their participation;
- They will not sue you for compensation in the event of any harm; and
- They have not been advised against participation in your services from a Healthcare Professional.
Waivers of Liability in the Age of COVID-19?
When you think about our world today, it’s hard to justify operating your business without a Waiver of Liability or even a specific COVID-19 Waiver of Liability! You want to eliminate the risk of a client coming back and holding you liable in the unfortunate incident that they contract COVID-19 from one of your in-person events.
Making Your Waiver of Liability Effective!
To utilize your Waiver of Liability as a legal defence there are a few things you must do as a business owner to ensure optimal protection for your company.
Things to look out for:
- It may seem obvious, but when you present a client with your Waiver of Liability you must ensure that the signing party is not a minor.
- You must also ensure that your Waiver of Liability covers any and all possible injuries or risks that could occur during the course of your services.
- Tailoring your waiver to the specific product and service offerings you have will give you more protection in the long run!
PRO TIP: If you download the Waiver of Liability, we recommend that you save a master copy of your Waiver of Liability so you can create multiple customized variations specific to each product and/or service your business may offer.
You want to identify any possible risks associated with your product or service and clearly communicate these to the client in a way that is understandable. As always, make sure your client signs the Waiver of Liability prior to the start of any service to release you from liability and any future claims. This signature serves as their acknowledgment and complete understanding that you and your business have been released from any liability in the event that they injure themselves at your event.
Different Waivers for Different Activities:
Live Events: This Waiver will make sure your guests are responsible for themselves and will protect YOU in the off chance they incur any injury during your event and attempt to claim damages.
Fitness: This Waiver will release you from potential recourse, should your client injure themselves during your online fitness classes.
Photography: This Waiver will protect you in the unlikely (but possible) event that your client injures themselves and attempts to claim damages from their photography session.
COVID-19: This COVID-19 Waiver of Liability Release Form outlines the expectations and potential risk surrounding COVID-19 and releases you from any blame, should anyone become ill. This legal document is what you would have your Participant or Guest sign before they engage with your business for any in-person session or activity with you.
Updating your Waiver of Liability:
As your business grows and expands over the years, your Waiver of Liability should too. As soon as you begin to offer new products or services, you should go into your existing Waiver of Liability to include any risks that come along with those new and exciting offerings. Keep this in mind especially if you’re moving your offerings from virtual Zoom classes to In-Person sessions as the risks associated will automatically change, given the increased risks of Covid-19. At Contracts for Entrepreneurs, we have curated several Waivers of Liability to suit multiple industries and protect your business in the process. You can find Waivers for Fitness, Live Events, and Photography linked here!
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