Q: What is a release of liability?
A: Our release
of liability, or general release, (it
is commonly referred to by both names) can be used by any individual,
called the "Releasor," to release all claims,
liabilities, actions or suits that they may have against another
individual or entity, called the "Releasee."
Q: When would I use a release of liability?
A: You can use a release
of liability in many different situations-- basically anytime
that you have a situation that somebody else is liable for, and
you, for whatever reason, want to release that person of their
liability. For example, you were hit by a car and were injured
as a result. If you have settled with that person, or just do
not want to seek damages from that person, you may want to sign
a release stating that you are releasing them from any liability
arising from the incident. This way they are released from liability
and you have a release agreement that is recorded on paper.
Q: How do I make a binding release of liability?
A: You will provide the name and address of
the Releasor, the name and address of the Releasee, and a description
of the claim that is being released, and we will add all of the
necessary legal terminology. The release of liability that we
provide you with will clearly state all of the information necessary
to make a binding release of liability. Your release of liability
will state that you, the Releasor, agree to release any and all
claims resulting from a particular incident or occurrence against
the Releasee.
Q: What is your Waiver of liability form?
A:, Our waiver
of liability is a type of release to prevent one party from
being held liable by another. But unlike our release of liability,
this form is for potential liability claims-- in other words,
those liabilities that may arise, but have not yet done so. It
is a form that can be used according to your specific needs, and
tailored to your situation. For example, perhaps you own a motorcross
track and you allow guests to use your track, and you would like
to limit your potential liability. Or perhaps you have a swimming
pool that you allow other people to use. By having those who use
your facilities sign a form to waive potential liability, you
can help prevent, or at least minimize, your liability should
they be injured. We also have separate forms that the parent of
a minor child can sign, so that their child can use your facility
and you can protect yourself from liability should something happen
to the child.
Q: Will it absolutely prevent me from being held liable?
A: No, there is no 100% effective means from
being held liable should a person be injured while participating
in your activities or using your amenities. But a signed waiver
can often limit, if not completely prevent your potentially being
held liable for the injury of another.
Q: Who should sign these waivers?
A: Anyone who attends your events, uses your
facilities, or whatever else the situation may be. If the person
is under 18, then make sure that their parent
or guardian signs the form. If they are over 18 then they
must read and sign the form for themselves.
Q: How do I make a waiver
of liability?
A: You will provide us with all the information,
such as names, the nature of activity, where it will occur, etc.
and we can provide you with a customized legal document that will
be a waiver of liability. Your waiver of liability will state
that you, the releasee, are not to be held liable for any injury
or damage to the releasor resulting from participation in your
activities or using your facilities. All you will then be required
to do is have the person read and sign the document. It is that
quick and easy to help protect yourself from situations in which
you may be potentially liable.