A waiver is a document that details a party’s surrender of certain rights. There are many different types of waivers that may be used in a legal setting. Different waivers include liability waivers, damage waivers, or procedural waivers. Waivers are a complex document and they should not be taken lightly. Because a waiver can affect your legal matters, you should consult a lawyer when considering a waiver.
A waiver will typically detail specific terms that an individual is agreeing to. These terms should be clearly stated, and you should understand them completely before signing the waiver. All waivers must be signed and dated to be official. Some waivers may also require you to get a witness or have the document notarized.
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A waiver form, also known as a " release of liability " form, is an important document to have in place if you are doing any of the following:
Coordinating an event, such as a charity run or pie-eating contest.
Electing to start a business in which participants face physical risk. This can include everything from hot air ballooning to skydiving to modern dance.
Even if you're not ready to start your business or coordinate your event - even if these ideas are just gleams in your proverbial eye - you can save yourself time by drawing up a waiver template and having it at the ready. There are two ways to go about this - either hire a professional to do it for you (less effort, but expensive and entirely unnecessary) or creating your own free waiver. To make the latter option easier, we've broken down the basic components of a waiver below:
It's a good idea to open the waiver form with a simple lead-in, so that the waiver works as a personalized form letter. For example:
Dear Ms. Agavales,
As per CCS policy , we require that you read and sign the following letter of waiver before making use of the CCS facility.
It's also a good idea to follow your waiver template's terms with a little note, something like:
We at CCS thank you for your cooperation. We hope you enjoy making use of our facilities. Happy spelunking!
Marcus Brigham Gross.
Capital City Spelunking, Inc.
In other words, there should be some initial text signifying that this is, indeed, a legally binding document and that the contents affect the signer's legal rights. Titling it "Release of Liability" or "Waiver" is a good start, and printing a warning just below the title is a good way to support the evidence.
Typically, these are written in the form of "I agree to_" statements. Remember, these need to cover ALL your bases. Here are a couple of sample statements:
I hereby agree that Capital City Spelunking (CCS) is not responsible for any accidents that may occur in the Capitalian Cave Chain or other CCS property.
I hereby agree that I may not file a lawsuit against CCS or any of its employees in the event of accident, injury or death.
This is pretty self-explanatory - the recipient of the document must sign and date the form to bring the waiver into effect.
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