Is a Waiver of Liability a Legal Document?

Documents that have legal force are often used by different companies for a variety of purposes. The management protects the interests of the legal entity and takes care to ensure safe and profitable operations, as well as an impeccable reputation. A liability waiver form is one of the important documents that are used in business, especially when working with clients and end users. In today’s business, it is impossible to have successful performance without this type of legal document. A company must always take care of its performance and reputation. Such an agreement helps avoid lawsuits due to accidents, and unpredictable consequences due to ordinary negligence. It is important to understand the policy as to the situation when liability arises between the parties. One must sign all disclaimer agreements and understand all risks.  If a company uses confusing or inadequate documentation, it can have negative consequences for the business. This is especially true for significant financial losses. The agreement with the client is a certain kind of guarantee. The client accepts all risks, and the company receives guarantees that it will avoid legal proceedings.

What Makes Waiver of Liability Valid?

Such agreements are usually used by companies that offer services associated with certain risks. Every country has different types of businesses that provide services that may pose certain risks. One of the examples is activities related to extreme sports. As a rule, such activities include:

• parachute jumps;
• underwater tours;
• kitesurfing;
• hiking in the mountains;
• horseback riding.

The agreement is legally binding, so the client must be aware, understand, and accept the possible risks. The release of liability form is drawn up in accordance with the type of business activities conducted by the company. Once the parties have signed the agreement, it becomes a binding legal document. The clauses may vary depending on the nature of the company’s activities. At the same time, the customer:

1. is fully informed of the possible and inherent risks associated with the company’s activities.
2. agrees to waive the right to file a lawsuit in the event of a certain incident.
3. after signing the agreement, the customer cannot hold the company liable for damages. 

This is how a company protects itself and takes care of its reputation. If the business activities involve inherent risk, the release from liability template is used. It should be adjusted with the activities in mind. It is a very important and frequently used document. It is very difficult to contest it in court because, as a rule, judges have a negative attitude towards such cases. 

Lawsuit and Waiver of Liability

The document cannot guarantee 100% success in every possible case. There are different approaches to such contracts in court and they are always treated differently. When it comes to the release of liability, special attention is given to the inherent risks to the business.  There are also cases when the court may rule the disclaimer to be unenforceable. This happens when the incident involves acts of gross negligence for which the business should have been prepared but actually was not. Companies can take advantage of a very helpful tool such as the waiver software. The wording of the agreement and the nature of the accident has a direct effect on the validity of the relevant document in the particular case. When the disclaimer is drafted correctly, and the company has taken all necessary steps for its legal defense, then such a document will be legally binding and will be taken into account in court. In drafting the documentation, it is important to pay attention to all the details. The clients before signing should thoroughly familiarize themselves with each clause. Then the agreement will be drawn up taking into account all the risks and it will not be challenged.