-Sample Pennsylvania 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 Pennsylvania.
- 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 Waiver and Release Forms in Pennsylvania
Release forms and liability waivers are common in many professional, recreational and sporting contexts. Typically, these documents are intended to limit the legal and financial exposure of business owners and operators from customers who suffer injuries or other damages while engaging in a service with inherent risk.
When someone signs a liability waiver in Pennsylvania, they are forgoing their right to seek legal recourse for injuries or property damage caused by general negligence. Each state has different requirements regarding liability waivers, which may also be referred to as release forms.
In Pennsylvania, liability waivers are generally legally valid if they contain unambiguous language regarding the innate risks of the service or activity in question, and clearly state the legal protections sought for the business or individual who presents the form.
Who is Party to a Pennsylvania Liability Waiver?
Most release forms involve at least two separate parties. The person or business protected by a liability waiver is the “releasee.” The person who signs the waiver and forfeits future legal recourse is the “releasor.”
For example, a gymnasium may ask its clients to sign liability waivers to shield itself from legal action in the event that customers harm themselves using workout equipment. In this situation, the gym’s customers are releasors and the gymnasium is the releasee.
Common Uses for Pennsylvania Release Forms
Liability release forms can be used in many different contexts to protect releasees from possible legal action.
For example, suppose that a rock climbing company requires customers to sign a waiver before climbing. If a customer is injured as the result of an accident, the company would likely be protected against a personal injury lawsuit. This allows business entities to operate without the fear of costly and time-consuming legal proceedings.
In Pennsylvania, liability waivers can also be requested of minors participating in certain activities. However, when a minor is involved the release form must be signed by both the parent and the child.
Types of Liability Waivers
There are several different categories of liability release forms. Common types of release forms used in Pennsylvania include:
Activity Liability Release Form
When most people think of liability waivers, they think of activity release forms. These documents are usually intended to protect businesses against legal claims brought by a customer engaged in a risky activity.
Many Pennsylvania businesses rely on this type of release form. Some common examples include:
-
- Gymnasiums and other exercise facilities
- Rock climbing gyms and bouldering companies
- Skydiving companies
- Zipline courses
This type of release form ensures that businesses are covered in the event of a customer injury or accident that is not the result of intentional recklessness or gross negligence.
Damage to Property Releases
These waivers are written to protect individuals or companies against legal claims that may arise from property damage relative to their provided services.
Some typical Pennsylvania businesses that utilize damage to property releases include:
-
- Appliance installation and repair companies
- Commercial and residential contractors
- Electrical repair businesses
- Pool installation and repair companies
- Plumbers
A property damage liability waiver can shield an individual or business from civil action if property damage results from an agreed-upon service or activity.
Mutual Releases
This type of liability waiver is most often used to settle potential professional disputes between multiple parties. When two or more individuals have a professional relationship, they may find it mutually beneficial to waive certain legal rights and relieve each other of the possibility for future legal action.
Personal Injury Releases
Personal injury release forms protect releasees from tort lawsuits resulting from injury-causing accidents. Many businesses use this type of waiver to ensure that they are shielded against liability from accidents that happen on their property. For instance, an ice-skating rink may require customers to sign a personal injury release before taking to the ice.
Motor Vehicle Liability Waivers
Some companies that focus on transportation or include transit in their services may have customers sign motor vehicle release forms. These waivers protect companies from damages that may stem from injuries suffered in a crash. A limousine service, for example, may require passengers sign a liability waiver to safeguard itself in the event that passengers sustain injuries in a collision caused by another driver.
Pennsylvania Liability Waivers
It is vital to use legally enforceable release forms to protect your interests and assets against potential legal claims. With the templates on Forms.legal, you can easily draft legally binding waivers for use in the state of Pennsylvania.
Please note that liability waivers and release forms do not defend individuals or businesses against deliberately harmful acts, recklessness or gross negligence.
From Pittsburgh to Harrisburg, and Allentown to Philadelphia, Pennsylvania residents and businesses can depend on Forms.legal to create easy-to-understand, legally valid release forms and other documentation.
Sample
PA Release / Waiver Form
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