-Sample Illinois 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 Illinois.
- 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 and Release Forms in Illinois
Some businesses offer customers services that are inherently risky, and individuals sometimes host activities or events that may likewise have innate dangers. In these circumstances, it’s essential for organizations and individuals to protect their interests and assets in the event of an accident.
In Illinois, one way to protect yourself from liability is through a release form, which is also known as a liability waiver. These legally binding agreements involve the release of certain rights on behalf of the signing party. In most cases, the signee waives the right to file a lawsuit against the other party in the event of damage or injury.
Liability waivers allow entities or people who offer potentially dangerous services to limit their exposure to negligence claims. In Illinois, these agreements typically hold up in court as legally valid as long as there is no evidence of fraud or reckless behavior.
In the state of Illinois, liability waivers allow businesses to limit their exposure to claims of negligence. Typically, if there is no evidence of fraud or purposefully reckless behavior, these agreements are legally valid.
Who Is Party to a Liability Waiver?
Liability waivers generally involve at least two parties. The person who signs the waiver and releases future legal recourse for any damages is referred to as the “releasor” while the business or individual who provides the service is the “releasee.”
Consider a rock-climbing company that asks its customers to sign a release form before using its climbing wall. The customers who sign the form are the releasors, while the rock-climbing company is the releasee.
In this example, the rock-climbing company would be released from liability for injuries a customer suffers while using the climbing wall.
Common Uses for Liability Waivers in Illinois
In the state of Illinois, release forms are often used to shield companies from possible future legal action. One of the legal requirements to verify that a liability waiver is enforceable is the use of clear, concise and explicit language.
If a release form contains confusing or vague terms, it may not protect the releasee from future legal claims. Waivers that are overly broad are difficult to rely on in a legal setting. That’s why it’s critical for business owners and operators to draft enforceable and clear release forms.
Waivers in Illinois should also clearly reference the activity, situation or circumstance that the parties are engaged in. Finally, liability waivers in Illinois are unenforceable if the parties have certain relationships, including employer/employee or citizen/public servant relationships.
With the help of Forms.legal, you can draft a customized, legally valid release form that meets your unique needs.
Types of Liability Waivers
Liability waivers can be used in a wide range of circumstances and for a variety of purposes. Popular types of release forms in Illinois include:
Activity Release Forms
This type of document is intended to protect business entities from potential legal claims that may stem from injuries caused by engaging in risky activities. Examples of individuals and organizations that may use activity release forms include:
-
- Bouldering centers, exercise facilities and gymnasiums
- Dog walkers or doggie daycare providers
- Firearms ranges
- Paintball centers
- Personal trainers
Any company that offers potentially dangerous experiences should have enforceable waivers and release forms to protect their interests.
General Release of Claims
This type of waiver can be tailored to protect against a broad range of possible civil lawsuits. A general release of claims may be used by an individual or business, and the specific terms of liability protection are clarified in the waiver’s language.
Property Damage Release Forms
Property damage waivers protect releasees from civil lawsuits that may arise from personal property damage. Many types of Illinois businesses rely on property damage releases, including those that provide in-home services like plumbing companies and remodelers as well as those with retail storefronts, such as dry cleaners and computer repair shops.
Property damage waivers help ensure that a business will not face legal action from unforeseeable damage to a customer’s property.
Mutual Release Agreements
Mutual release agreements are typically used to resolve disputes between at least two parties, often those in a professional relationship. These waivers release both parties from certain rights and responsibilities.
Liability Waivers in Illinois
Forms.legal is a resource that allows individuals and business operators to easily create liability waivers and release forms that meet Illinois’ regulations.
It’s crucial to note that under Illinois law, liability waivers can only protect individuals and businesses against ordinary negligence. Release forms will not shield individuals or organizations from intentionally wrongful acts, recklessness or gross negligence.
Whether you’re based in Carbondale, Champaign, Chicago, Peoria, Springfield or anywhere in between, Illinois residents and businesses can rely on Forms.legal to draft clear, legally binding documentation.
Sample
IL Release / Waiver Form
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