-Sample California Release / Waiver Form
Activity Waiver and Release
THIS ACTIVITY WAIVER AND RELEASE (this "Agreement") dated this _____________of _____________, 20___
BETWEEN:
__________________________ of __________________________
(the "Participant")
OF THE FIRST PART
AND
__________________________ of __________________________
(the "Activity Provider")
OF THE SECOND PART
IN CONSIDERATION OF the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:
- Being of lawful age and in consideration of being permitted to participate in the activity described below, the Participant releases and forever discharges the Activity Provider, the Activity Provider's spouse, heirs, executors, administrators, legal representatives and assigns from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant's participation in the activity described below, and not withstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.
- The Releasor understands that the Releasor would not be permitted to participate in the activity described below unless the Releasor signed this Agreement.
- The Participant will participate in the following activity: _______________________________________________________________________________________________________________________
______________________________________________________________________
- The Participant acknowledges that this Agreement is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant, and with the intention of binding the Participant's spouse, heirs, executors, administrators, legal representatives and assigns.
- The Participant acknowledges that the Participant does not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent the Participant from participating in the above mentioned activity. If required, the Participant will obtain a medical examination and clearance.
- The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement, that the Participant fully understands the same, and that the Participant is freely and voluntarily executing the same.
- The Participant understands that by signing this Agreement, the Participant agrees to be forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the above noted activity.
- The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Agreement.
- This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital.
- This Agreement will be construed in accordance with and governed by the laws of the State of California.
- Participant 1
Emergency Contact Name: __________________________________
Emergency Contact Number: __________________________________
Consideration
Details of Activity
Concurrent Release
Fitness to Participate
Full and Final Settlement
Governing Law
Emergency Contacts
IN WITNESS WHEREOF the Releasor and Releasee have duly affixed their signatures under hand and seal on this _____________of _____________, 20___.
|
SIGNED, SEALED, AND DELIVERED |
||
|
in the presence of: |
|
____________________________________ |
Witness(Sign):________________________________ |
|
|
Releasor |
Witness Name: ____________________________ |
|
____________________________________ |
Witness(Sign):________________________________ |
|
|
____________________________ (Releasee) |
Witness Name: ____________________________ |
Understanding Liability Waivers and Release Forms in California
Certain activities and services involve a level of risk, and it’s crucial for businesses — and in some circumstances individuals — to protect themselves from legal liability for unforeseeable accidents and injuries.
Liability waivers, also known as release forms, are legal documents in California and other states that can protect an individual’s or organization’s property and assets in certain events. A liability waiver is a legally binding form by which the signing party “waives” the right to bring legal action because of an accident that results in property damage or injury.
In California, these waivers can address potential damages in the past or in the future. For example, patrons may be asked to sign a waiver or release of liability form before engaging in a risky endeavor, such as skydiving.
Parties Involved in California Liability Waivers
There are usually at least two parties involved in a liability waiver agreement. The person or entity who is forgoing their right to take legal action is known as the “releasor.”
Consider the skydiving example mentioned above. If that company requires customers to sign an agreement to waive liability, the customers are the releasors.
The person or entity who seeks protection from liability in the event of an accident that results in injury or other damages is known as the “releasee.” In the skydiving example, the skydiving company would be the releasee.
Common Uses for California Liability Release Waivers in California
In the state of California, liability waivers may be used to target several prospective issues. The most common forms of liability waivers include:
Activity Waiver and Release
This type of waiver releases the entity providing an activity from legal claims brought against them. Typically, this type of release form will protect against lawsuits from the person engaging in the activity.
Many types of businesses whose services require increased consumer risk may use an activity-based liability waiver. Some companies that seek these release forms include:
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- Exercise studios and gyms
- Rock climbing and bouldering facilities
- Skydiving companies
- Zipline course operators
These waivers help businesses avoid the legal ramifications of customer injuries and accidents.
Damage to Property Release
These liability waivers protect businesses and individuals against civil claims resulting from personal property damage. Many types of California companies rely on damage to property releases to protect their businesses, including:
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- Appliance repair agencies
- Electricians
- Plumbing companies
- Residential and commercial contractors
Damage to property waivers ensure that businesses will not face legal liability from unforeseen damage to a customer’s property.
General Release of Claims
A general release of liability protects a releasee from many different types of possible civil claims. This waiver can be customized to shield an individual or organization from liability in a broad range of circumstances as specified within the document.
Motor Vehicle Release Forms
Motor vehicle liability waivers offer protection from civil claims due to harm related to motor vehicle crashes. For example, a limousine service may have riders sign a motor vehicle liability release to protect the company from damages in the event their passengers are injured in a collision.
Mutual Releases
A mutual liability release may be used to settle a dispute or potential dispute between two or more parties. Those in professional relationships may find themselves in a situation in which it is beneficial to all parties to waive certain legal rights.
Personal Injury Releases
Personal injury-centric liability waivers protect releasees from damages caused by accidents that may result in personal injuries. Certain venues or retail businesses may specify exemption of personal injury in liability waivers to protect themselves from harm related to mishaps that occur in their spaces. Similarly, a manufacturer may require a personal injury release to prevent legal action for injury caused by use of its product.
Liability Waivers in California
Before you sign or rely on any release form, it is critical to understand what is distinct about California waiver laws. Forms.legal is here to help you draft legally enforceable liability waivers that meet California’s unique requirements.
Under California law, waivers can only protect businesses and entities against the outcomes of ordinary negligence. In other words, release forms cannot protect against the consequences of intentionally wrongful actions, recklessness or gross negligence.
California waivers are also required to be written in explicit and clear language. To be legally enforceable, California release forms must express all parties’ intentions and responsibilities in an unambiguous manner.
Waivers that rely on illegible or small fonts will be difficult to enforce. The same is true with release forms that include unreasonably complicated or obscure language.
Our website will help you create a simple, legally binding California liability waiver. Forms.legal offers free online templates of numerous California legal documentation, including liability release forms.
From San Diego to Los Angeles, from Fresno to San Jose, from San Francisco to Sacramento, and everywhere in between, California residents and businesses can easily create their own California liability waivers using the form above.
Sample
CA Release / Waiver Form
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