Free North Carolina Release / Waiver Form

Sample North Carolina Release / Waiver Form

Activity Waiver and Release

THIS ACTIVITY WAIVER AND RELEASE (this "Agreement") dated this _____________of _____________, 20___


__________________________ of __________________________

(the "Participant")



__________________________ of __________________________

(the "Activity Provider")


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:


  1. 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.
  2. The Releasor understands that the Releasor would not be permitted to participate in the activity described below unless the Releasor signed this Agreement.
  3. Details of Activity

  4. The Participant will participate in the following activity: __________________________________________________________________________________________________________________________
  5. Concurrent Release

  6. 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.
  7. Fitness to Participate

  8. 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.
  9. Full and Final Settlement

  10. 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.
  11. 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.
  12. The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Agreement.
  13. 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.
  14. Governing Law

  15. This Agreement will be construed in accordance with and governed by the laws of the State of North Carolina.
  16. Emergency Contacts

  17. Participant 1
    Emergency Contact Name: __________________________________
    Emergency Contact Number: __________________________________

IN WITNESS WHEREOF the Releasor and Releasee have duly affixed their signatures under hand and seal on this _____________of _____________, 20___.



in the presence of:







Witness Name: ____________________________





____________________________ (Releasee)


Witness Name: ____________________________

Understanding North Carolina Liability Waiver and Release Forms

Many services and activities we engage in are accompanied by inherent risks. As such, you’ve likely signed a liability waiver at some point. These releases are meant to protect individuals and organizations from legal liability if an injury or other damages occur.

There are particular laws regarding liability and liability releases in North Carolina, though, which every resident should understand before preparing or signing one. On the surface, liability release forms relinquish the signer’s rights to file a legal claim. Their purpose is to protect the assets and property of the entity requiring the waiver.

Liability waivers in North Carolina cover a variety of activities and situations — even if the risk of harm or financial loss seems minimal. Since the Tar Heel State also recognizes these releases as contracts, North Carolina contract laws also play a role in liability waivers.

Who are the Parties to a North Carolina Liability Waiver?

There are typically at least two parties in a liability waiver. The individual who waives their rights by signing is called the “releasor.” The entity that requires the waiver to be signed is the “releasee.” The releasee may require signing the form before providing services.

For instance, a skydiving company may require clients to sign a North Carolina liability waiver prior to jumping. There are also situations in which more than two entities might be party to a release. The waiver could include language that covers “all other persons or entities” involved.

Regardless of who is party to the release, certain stipulations must be met for the waiver to be enforceable:

    • The waiver must not violate any North Carolina laws.
    • Language in the waiver must not be contrary to a substantial public interest.
    • The waiving of rights cannot be gained through "inequality of bargaining power."

Additionally, courts strictly construe North Carolina liability waivers. This means if a contract’s language doesn't specifically release an entity from liability, then liability may exist. Releases can also become void if the releasee engaged in acts that make enforcement “unconscionable.”

All these issues make it very clear that release forms in North Carolina must meet specific requirements. That is why you should always use professional, legally binding forms such as those available on rather than attempting to create one on your own. A simple oversight can render a liability waiver unenforceable.

Common Uses of Liability Waivers in North Carolina

Liability waivers may seem like something that only businesses use when their services contain risk. In reality, such release forms can cover a variety of activities and situations. The following list is not exhaustive, but it shows just how complex North Carolina release forms can be.

Activity Waiver and Release

This is the type of release form most people envision when they think about liability waivers. These forms release service providers from liability arising from inherently risky activities. The following activities typically require the signing of such waivers:

    • Taking ski lifts up a mountainside.
    • Engaging in shooting competitions.
    • Participating in rock climbing classes.
    • Taking part in hiking or camping excursions.

With an appropriately crafted North Carolina liability waiver, a business can garner added protection if a customer suffers injuries while engaged in such activities. Individual citizens can also require releases to protect themselves. Allowing friends to hunt on private property is an example of one such situation.

Mutual Releases

Not all release forms are meant to provide liability from physical harm, and not all of these forms protect just one party. Mutual release forms require both parties to relinquish some rights. This is a typical agreement between business associates who want to protect their personal assets.

Personal Injury Releases

If you’re a parent, or if you remember your childhood field trips, you may recall signing or your parents signing release forms for out-of-school activities. These types of waivers are typically personal injury releases. They protect the releasor if an unexpected injury occurs due to common negligence.

Tickets and Receipts

Concert organizers, venues, vendors and similar entities may place North Carolina liability waivers directly on their tickets or receipts. These typically use language like, “By purchasing this ticket, you agree…” These provide liability from damages that may occur at their venue or through a service provided therein.

Damage to Property Release

Some services create a risk of property damage. Dry cleaners and computer repair shops are conventional examples, as are in-home service providers such as plumbers or electricians. If damage to a person’s property occurs through the normal provision of services, a North Carolina liability waiver may protect the service provider.

Liability Waivers in North Carolina

When creating a release form, it’s essential to know whether any exceptions exist. This is the case under North Carolina law. The state Supreme Court has held that such releases are unenforceable if the releasee falls into one of the following categories:

    • Performing duties of public service.
    • Owes a public duty.
    • Public interest is involved in the activity.
    • Public interest requires performance of a private duty.

It’s also important to note that courts have yet to rule on whether North Carolina liability waivers protect against gross negligence. This means it’s crucial that any release form is carefully crafted to protect against potential liability issues. is committed to helping you avoid such problems. From the Atlantic Coast to the Appalachian Mountains, from Asheville to Charlotte and Fayetteville to Wilmington, North Carolina residents can easily create their own North Carolina liability waivers using the forms above.


NC Release / Waiver Form

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