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Liability Disclaimer and Hold Harmless Examples and Info

by Dave Collins on June 24, 2017

Liability Disclaimer and Hold Harmless Agreement Examples

One of the most popular search terms on this site is for “example liability disclaimer” or “liability waiver” so we thought we would provide a few resources on the subject. Remember that a disclaimer will not necessarily absolve you from your liability if an injured party can prove that your were negligent. You’ve heard the old saying: “Not worth the paper they are written on”. They are simply a tool to ensure that third parties are made aware of any potential or inherent risks and agree to proceed with an activity at their own risk. You still have a duty of care towards them and you cannot simply sign away common law responsibilities or make others responsible for your negligence. It is quite easy for a claimant to prove that the disclaimer was not explained properly to them or that they just couldn’t understand the complicated legal language it was written it and they simply signed it so they could proceed with the activity. ALWAYS make sure that the critical information about the risk and any precautions to be take are highlighted and clearly explained before disclaimers are signed.

YOU SHOULD ALWAYS GET INDEPENDANT LEGAL ADVICE ABOUT LIABILITY DISCLAIMERS

  • Sample Liability Disclaimer for an activity
  • How to write a legal disclaimer for your business
  • The Sample Liability Disclaimer is used by individuals and entities looking for liability release in connection with an event or program. The Sample Liability Disclaimer includes standard disclaimer language which asks participants in an activity to hold the administrators of the activity harmless in exchange of participation in the activity. This disclaimer form includes customizable options to suit your participatory activity or event. Use this form with activities such as a company-sponsored sporting event or outing, a school field trip, or other similar activities. DOWNLOAD HERE
  • Here is a downloadable waiver of liability template: https://www.printablecontracts.com/Waiver_Of_Liability.php 
  • Sample Liability Disclaimer
  • Waiver of Liability and Hold Harmless Agreement can be utilized as a permission slip for special activities. DOWNLOAD
  • Volunteer release template and waiver of liability form
  • Disclaimer (Sample) Form Download Disclaimer Sample Form

******** USEFUL ARTICLE FROM http://www.gallagherbassett.com.au :

Can my company rely on a liability waiver?

Key Points

  • Liability waivers offer some protection, but laws vary by jurisdiction
  • If liability waivers are improperly written they may be overruled on the grounds that the claimant did not understand what they were signing
  • A liability waiver may not protect an organisation which can be shown to have acted negligently

A general liability waiver is a form an organisation may use to protect itself from lawsuits or paying compensation. Typically an organisation may ask an individual to read and sign a waiver form, which states that the organisation is not responsible for injuries, damage, or loss suffered as the result of the activities he or she participates in with the organisation.

A liability waiver form will often also state that the signer of the form fully comprehends the risks inherent in participating in the activity and contain basic information about medical procedures the organisation may use in the event of an emergency.

An individual who is presented with a general liability waiver may question whether or not they have any choice in the matter. For example, they may want to go on a bus trip but retain their rights in the event that the organisation somehow contributes to an injury or loss. While some organisations may make the signing of these forms voluntary, in most cases signing will be mandatory for participation. A learn to surf school, for instance, may only allow budding surfers to participate if they have signed this type of form. Likewise, a child may not be allowed to attend a class excursion organised by a school if his parent hasn’t signed a waiver.  READ THE WHOLE ARTICLE

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