Understanding Florida Release Forms and Liability Waivers

There are many activities and services that carry a level of innate risk. If you have a gym membership, have attended a concert or dropped your clothes off at a dry cleaner, you’ve likely agreed to a liability waiver or release form.

Florida liability waivers offer protection to individuals and organizations in the event that someone else suffers injuries or other damages due to an accident or ordinary negligence. Like other states, Florida has its own laws particular to liability waivers.

This is why it’s essential to use a resource like Forms.legal to draft an enforceable document. Self-created release forms often fail to adhere to state regulations and may not be legally binding.

Who are the Parties to a Florida Liability Waiver?

Any release form in Florida typically involves at least two parties. The individual who signs the waiver is known as the “releasor.” They have acknowledged the dangers of the activity, product or service in question and agree not to sue the “releasee” — the entity requiring the releasor’s signature — for damages they may incur.

For example, a SCUBA business may not take students into the water until the students sign release forms acknowledging the risks of diving and waiving their right to pursue legal action against the business if they suffer injuries. In this case, the students would be the releasors and the SCUBA business is the releasee.

In Florida, liability waivers are generally enforceable if the following conditions are met:

• • The agreement must make it clear to the releasor which rights they are waiving. It must also address each of the potential risks the activity involves.
  • The agreement cannot be ambiguous in its intent. It must directly state that the signer is waiving their rights to sue the individual or organization.
  • The agreement must use straightforward language and be free from potential loopholes that could make it unenforceable.
  • The agreement must clearly state the specific injury claims that the releasor is waiving.

In most cases, a releasee cannot avoid liability for gross negligence with Florida liability waivers. Additionally, releasees must ensure their services and corresponding release forms do not conflict with any Florida laws or violate the public interest.

Common Uses for Florida Liability Waivers

Release forms can cover a spectrum of services and circumstances. In Florida, uses for liability waivers include but are not limited to:

Activity Waiver and Release

Before taking part in any potentially risky activity, an individual may have to sign an activity waiver and release. This protects service providers. While you'd expect such a waiver for activities like skydiving and rock climbing, you may also encounter them in the following situations:

• • Gyms, roller rinks and other recreational activities
  • Attendance at certain sporting events
  • Renting a vehicle
  • Taking part in a cooking class

Such Florida liability waivers don’t just protect businesses. If you’re allowing friends to swim in your pond, hunt on your land or engage in similar risky activities, you are also open to liability without a release form.

Mutual Releases

Mutual releases can shield the financial assets of multiple parties. Mutual releases are often signed between business partners seeking to waive certain rights for certain protections in the event of conflict.

Personal Injury Releases

Personal injury is often covered under traditional activity waivers, but sometimes personal injury liability is clarified by its own release. Personal injury releases may be used for school field trips, corporate outings, club sports or other situations in which there is a specific associated risk for physical harm.

Receipts and Tickets

Directly signing a Florida liability waiver isn't always necessary for a person to relinquish rights. Tickets and receipts will often include disclaimers that certain activities involve risk. You may see language like, "By purchasing this ticket, you agree..." serving as a waiver on the backs of tickets and receipts.

Damage to Property Release

Damage to property releases are used by varying businesses that take possession of customers’ property (such as computer repair shops) or provide in-home services that put them in contact with personal property (such as plumbers). These releases offer financial protection if the releasor’s property is accidentally damaged during the course of service.

Liability Waivers in Florida

Any Florida liability waiver must meet the requirements of being clear, unambiguous, unequivocal and specific. Any entity that requires such a form must also consider potential exceptions to liability rules in Florida. These include:

• • Individuals under 18 cannot sign away their rights.
  • Release forms cannot cover intentional torts (e.g., assault, fraud).
  • Language must be very specific to cover gross negligence.

Forms.legal understands these state-specific issues, and our templates can help you draft binding liability waivers and other legal documents. From Pensacola to Jacksonville, from Orlando to Miami and everywhere in between, Florida residents and organizations can count on the peace of mind provided by Forms.legal.