Understanding Liability and Release Forms in Texas

There are many everyday activities and services that involve some level of risk. Something as common as letting a friend hunt on your land or offering a sightseeing tour can present potential hazards. This is why businesses and individuals often require liability waivers in Texas.

Liability waivers — also referred to as release forms — protect assets and property if certain events occur that cause injuries or other damages. They are legally binding contracts that protect an individual or business by having the signing party waive their right to recover compensation for particular harms.

Texas liability waivers can cover a broad range of activities with varying levels of potential risk. Whether a person decides to go skydiving or simply wants to enroll their child in daycare, it’s not uncommon for a release form to be signed prior to accepting services.

Parties Involved in a Texas Liability Waiver

Liability waivers in Texas involve at least two parties. The first is the individual who signs the document waiving their rights to legal compensation. This person is known as the “releasor.” The party seeking protection from liability is the “releasee.”

Consider a company that allows citizens to fish on their property. If a waiver is required before a person goes out on the pond, the company itself would be the releasee. The individual doing the fishing is the releasor.

For a Texas liability waiver between these parties to be enforceable, it must meet the following requirements:

• • Written document: A physical document with the participant's signature — or in the case of minors, their parent's signature — must be collected and saved.
  • Express and conspicuous: It must be clear that an individual is signing away their rights, and it must not be hidden within a larger contract.
  • Clear language: Language in the waiver must be concise and unambiguous.
  • List of risks: A list of potential risks that a participant may encounter must be listed on the waiver.
  • Public policy: The wording of a liability waiver in Texas must not violate public policy (this often applies in contracts in the oil and construction industries).

As long as these provisions are met, a release form is generally legally binding. Because of these complexities, it’s advisable to use a professional legal document, such as the draft available on Forms.legal, rather than trying to write one of your own.

Common Uses of Liability Waivers in Texas

While release forms may seem straightforward, there are a variety of different types that are appropriate in different situations. The following list isn’t all-inclusive, but it does touch on the most common types of liability waivers in Texas.

Activity Waiver and Release

This is a conventional waiver type used by service providers. It states that the service provider cannot be sued by an individual engaging in an inherently risky activity that the releasee offers. You’ll frequently encounter activity-based release forms if engaging in the following:

• • Blacksmith classes
  • Gymnasium or workout services
  • Skydiving activities
  • Shooting competitions
  • Rock climbing outings or bouldering facilities

These Texas liability waivers help companies avoid the potentially devastating financial consequences of a lawsuit if a customer suffers accidental injuries or other damages.

Mutual Releases

When both parties to an agreement relinquish certain rights, it’s known as a mutual release. This is common in the business world and lays out the process of settling potential disputes. For instance, the parties may be required to use mediation rather than litigation.

Personal Injury Releases

The risk of harm can exist even in situations where risk doesn’t seem innate. This is why many businesses use personal injury releases to protect their companies. Personal injury releases may be used in situations as varied as school field trips, club sports or paintball outings.

Tickets or Receipts

You may see legal waiver language on the backs of events tickets or sales receipts. For instance, a concert or sporting event ticket may say that — by purchasing the ticket — the buyer accepts all potential risks.

Damage to Property Release

Texas liability waivers can also protect service providers from claims related to property damage. Unforeseen property damage can occur for many reasons. Anything from dropping a phone from a roller coaster to infrastructure damage during home repairs may be covered by a damage to property waiver.

Before signing a release form or placing your faith in one, it's imperative to understand how Texas liability waivers differ from those in other states. Texas courts, for example, have differed in their opinions regarding gross negligence when it comes to liability waivers and the protections they offer.

This means it’s crucial to create your release form in accordance with Texas laws and not use a generic form or draft one yourself. Forms.legal understands these distinctions and is here to help you craft a legally binding contract.

From Lubbock to Dallas, San Antonio to Houston and everywhere in between, Texas residents and businesses can find the legal documentation they need to protect themselves and their enterprises at Forms.legal.