Even the most careful business operators know that every activity carries some risks. That's why an Activity Release of Liability is so useful; it helps protect your business by reducing your liability for potential injuries or damages. Have your participants sign the release in advance, so while they're having fun, you can enjoy some peace of mind.
If you're a business operator, an Activity Release of Liability allows you (and any sponsors) to limit liability in the event that activity participants sustain injuries or damages. If your business involves activities that pose some degree of risk to participants (like, say, you operate a trampoline gym), creating an Activity Release of Liability can help you protect your rights and responsibilities. Your Activity Release of Liability should include details such as: what activity is the subject of the release; who will be released from liability; who will be participating in the activity; the emergency contact person and their relationship to the signee; and the date the release will be signed. It's also a good idea to have liability insurance in addition to these signed Releases.
When to use an Activity Release of Liability:
You own a business and want to reduce your liability.
You are interested in seeking temporary authority to seek medical emergency information for your patrons.
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Sample Activity Release of Liability
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RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of organized by , of , , , and/or use of the property, facilities and services of , I, of , , , and/or use of the property, facilities and services of , I, , of , , , agree for myself and (if applicable) for the members of my family, to the following:
. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by , or the employees, representatives or agents of ..
. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of , whether caused by the fault of myself, my family, or other third parties. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of , whether caused by the fault of myself, my family, or other third parties.
. INDEMNIFICATION. I agree to indemnify and defend against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of . I agree to indemnify and defend against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of .
. FEES. I agree to pay for all damages to the facilities of caused by any negligent, reckless, or willful actions by me or my family.
. CONSENT. I, of , , , consent to the participation of my , , in the activity of , and agree on behalf of the above minor to all of the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of .
. MEDICAL AUTHORIZATION.In the event of an injury to the above minor during the above described activities, I give my permission to or to the employees, representatives or agents of to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on and will remain in effect until terminated in writing by the undersigned or In the event of an injury to the above minor during the above described activities, I give my permission to or to the employees, representatives or agents of to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on and will remain in effect until terminated in writing by the undersigned or , whichever occurs first. when the above described activities are completed. shall have the following powers:
The power to seek appropriate medical treatment or attention on behalf of my child as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital;
The power to authorize medical treatment or medical procedures in an emergency situation; and
The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.
. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under law.
. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. Accordingly, the Parties specifically reject the application of Cal. Civ. Code §1654 to this Agreement, as well as any other statute or common law principles of similar effect.
. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
. EMERGENCY CONTACT. In case of an emergency, please call (Relationship: ) at (Day), or (Evening).
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASEE USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASEE IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASEE HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational activity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care.
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