Liability Waiver template

Free liability waiver template

A liability waiver is a legal document that releases one party from responsibility for certain risks or injuries that might occur during an activity. Also referred to as release of liability, these waivers are common in sports, recreation, or any situation where there’s a potential for harm or injury. The individual signing the waiver acknowledges the risk involved and agrees not to hold the other party accountable for any harm that might occur.

Docusign’s liability waiver is a free, fillable online template that covers all the bases you would expect from the standard liability release: identification of the parties, a description of the event or activity, a statement releasing the other party from liability and of course, the signature. Get started with Docusign’s liability waiver below to simplify the process and ensure all parties sign the waiver safely and securely.

Protecting your organization from legal claims is simple and effective with our free, online liability waiver. You can tailor the document to the specific risks of your activity, then send it through the award-winning Docusign experience for digital signatures. This ensures all participants are fully informed of the risks and agree to the terms, providing you with a clear, signed record that reduces your legal exposure.

When do you need a liability waiver?

You should use a liability waiver anytime you’re offering recreational, sports, or high-risk activities, such as fitness classes, adventure tours, or corporate team events. Waivers are especially important when:

• Participants are engaging in physical activities with a known risk of injury (e.g., white-water rafting, rock climbing).

• A provider needs to document participant consent to waive liability, such as from slip-and-fall risks and equipment malfunction.

• You want to protect your organization from lawsuits stemming from ordinary negligence, while still complying with legal requirements for informed consent.

However, waivers can’t block claims involving gross negligence, recklessness, or unlawful conduct. Courts may also reject waivers that are procedurally unconscionable (e.g., adhesion contracts) or substantively unfair, as seen in Bagley v. Mt. Bachelor, where an overly broad waiver was invalidated due to lack of meaningful consent.

What’s included in a liability waiver?

To be enforceable, a liability waiver should include the following components:

• Participant identification: Full legal name, address, phone, and email of the participant.

• Organizer/company identification: Name of the company or individual responsible for the activity.

• Description of activity/event: Clear explanation of what the participant is engaging in, including location and dates.

• Acknowledgment and assumption of risk: Explicit statement that the participant understands and voluntarily assumes all inherent risks, including those resulting from negligence.

• Release of liability: Clear and unambiguous language that the participant releases the organizer and related parties from any claims arising out of participation, including injury, property damage, illness, or death.

• Covenant not to sue: Agreement that the participant will not bring legal action against the released parties.

• Medical authorization: Permission for the organizer to obtain medical treatment in case of emergency, and a statement that the participant is responsible for costs.

• Indemnification: The participant agrees to reimburse the organizer for any costs or liabilities incurred due to the participant’s actions.

• Severability clause: Ensures that if one part of the waiver is found invalid, the rest remains effective.

• Governing law: Specifies which jurisdiction’s laws apply to the waiver.

• Entire agreement clause: States that the waiver is the complete agreement between the parties on this subject.

• Acknowledgment of understanding and voluntary signature: Confirms that the participant has read, understood, and voluntarily signed the waiver.

• Signature block: Signature, printed name, and date for the participant, and for a parent/guardian if the participant is under 18.

Additional (optional) provisions

• Photo/media release: Permission for the organizer to use the participant’s image or likeness for promotional purposes.

• Specific risks listing: Detailed enumeration of particular risks involved in the activity.

• Emergency contact information: A section for the participant to provide emergency contact details.

• Health condition disclosure: Request for information about any medical conditions relevant to participation.