A release of liability (waiver) shifts the risk of an activity to the participant. Courts enforce clear, conspicuous waivers in most states, but not all, and never for gross negligence.
Free Release of Liability (Waiver) template
Fill in the blanks: the document updates as you type. Nothing you enter leaves your browser.
Release of Liability, Waiver and Assumption of Risk
I, ____ ("Participant"), want to take part in ____ at ____ (the "Activity") provided by ____ ("Provider").
1. Assumption of risk
I understand the Activity involves risks, including ____, and that injuries can be serious. I voluntarily assume all of these risks, known and unknown.
2. Release
To the fullest extent permitted by the law of ____, I release, waive and agree not to sue Provider and its owners, employees and volunteers for any injury, loss or damage arising from the Activity, including claims caused by the ordinary negligence of Provider. This release does not cover gross negligence or intentional misconduct.
3. Health and conduct
I confirm I am physically able to take part. I will follow all rules and instructions and stop if I feel unsafe.
4. Medical treatment
I authorize Provider to obtain emergency medical treatment for me, at my expense, if needed.
5. Severability
If any part of this release is found unenforceable, the rest remains in effect.
I have read this release, understand that I am giving up substantial rights, and sign it voluntarily.
Participant: __ Date: __
Parent/guardian (if Participant is under 18): __ Date: __
This free template is general information, not legal advice, and may not suit your state or situation. Some documents must be signed before witnesses or a notary. For anything important, have a lawyer review it.
Make the waiver enforceable
- Be specific. List the real risks of the activity. Vague waivers are more likely to be thrown out.
- Name negligence. Many states require the waiver to say plainly that it covers the provider’s own negligence.
- Make it conspicuous. Bold the release language and keep it readable, not buried in fine print.
- Get it signed before the activity, by every participant.
States that limit waivers
A few states (Louisiana, Montana and Virginia among them) refuse to enforce many pre-injury waivers, and others limit waivers for minors signed by parents. Check your state or ask a lawyer before relying on one.
Waivers don’t replace insurance
A waiver reduces risk; general liability insurance pays when a claim gets through anyway. Businesses need both.
Frequently asked questions
Can a parent sign a waiver for a child?
In some states, yes for recreational activities; in others, courts won’t enforce it. Have parents sign anyway: it still shows informed consent.
Does a waiver cover gross negligence?
No. Courts don’t enforce waivers for reckless or intentional conduct.
Questions from readers
Question about the Release of Liability (Waiver)? Ask it here. We answer common questions in general terms on this page. This is not legal advice.
