Free Texas Release / Waiver Form

Sample Texas 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 Texas.
  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 Liability and Release Forms in Texas

There are many everyday activities and services that involve some level of risk. Something as common as letting a friend hunt on your land or offering a sightseeing tour can present potential hazards. This is why businesses and individuals often require liability waivers in Texas.

Liability waivers — also referred to as release forms — protect assets and property if certain events occur that cause injuries or other damages. They are legally binding contracts that protect an individual or business by having the signing party waive their right to recover compensation for particular harms.

Texas liability waivers can cover a broad range of activities with varying levels of potential risk. Whether a person decides to go skydiving or simply wants to enroll their child in daycare, it’s not uncommon for a release form to be signed prior to accepting services.

Parties Involved in a Texas Liability Waiver

Liability waivers in Texas involve at least two parties. The first is the individual who signs the document waiving their rights to legal compensation. This person is known as the “releasor.” The party seeking protection from liability is the “releasee.”

Consider a company that allows citizens to fish on their property. If a waiver is required before a person goes out on the pond, the company itself would be the releasee. The individual doing the fishing is the releasor.

For a Texas liability waiver between these parties to be enforceable, it must meet the following requirements:

    • Written document: A physical document with the participant's signature — or in the case of minors, their parent's signature — must be collected and saved.
    • Express and conspicuous: It must be clear that an individual is signing away their rights, and it must not be hidden within a larger contract.
    • Clear language: Language in the waiver must be concise and unambiguous.
    • List of risks: A list of potential risks that a participant may encounter must be listed on the waiver.
    • Public policy: The wording of a liability waiver in Texas must not violate public policy (this often applies in contracts in the oil and construction industries).

As long as these provisions are met, a release form is generally legally binding. Because of these complexities, it’s advisable to use a professional legal document, such as the draft available on, rather than trying to write one of your own.

Common Uses of Liability Waivers in Texas

While release forms may seem straightforward, there are a variety of different types that are appropriate in different situations. The following list isn’t all-inclusive, but it does touch on the most common types of liability waivers in Texas.

Activity Waiver and Release

This is a conventional waiver type used by service providers. It states that the service provider cannot be sued by an individual engaging in an inherently risky activity that the releasee offers. You’ll frequently encounter activity-based release forms if engaging in the following:

    • Blacksmith classes
    • Gymnasium or workout services
    • Skydiving activities
    • Shooting competitions
    • Rock climbing outings or bouldering facilities

These Texas liability waivers help companies avoid the potentially devastating financial consequences of a lawsuit if a customer suffers accidental injuries or other damages.

Mutual Releases

When both parties to an agreement relinquish certain rights, it’s known as a mutual release. This is common in the business world and lays out the process of settling potential disputes. For instance, the parties may be required to use mediation rather than litigation.

Personal Injury Releases

The risk of harm can exist even in situations where risk doesn’t seem innate. This is why many businesses use personal injury releases to protect their companies. Personal injury releases may be used in situations as varied as school field trips, club sports or paintball outings.

Tickets or Receipts

You may see legal waiver language on the backs of events tickets or sales receipts. For instance, a concert or sporting event ticket may say that — by purchasing the ticket — the buyer accepts all potential risks.

Damage to Property Release

Texas liability waivers can also protect service providers from claims related to property damage. Unforeseen property damage can occur for many reasons. Anything from dropping a phone from a roller coaster to infrastructure damage during home repairs may be covered by a damage to property waiver.

<3>Liability Waivers in Texas

Before signing a release form or placing your faith in one, it's imperative to understand how Texas liability waivers differ from those in other states. Texas courts, for example, have differed in their opinions regarding gross negligence when it comes to liability waivers and the protections they offer.

This means it’s crucial to create your release form in accordance with Texas laws and not use a generic form or draft one yourself. understands these distinctions and is here to help you craft a legally binding contract.

From Lubbock to Dallas, San Antonio to Houston and everywhere in between, Texas residents and businesses can find the legal documentation they need to protect themselves and their enterprises at


TX Release / Waiver Form

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