Many of us have probably signed waivers, or release of liability forms, at one point or another in our lives. For example, if you have ever stayed at a camp-ground or gone skiing, chances are you have signed one of these forms. These forms release the provider of services (in the above examples, the ski resort or the camp-ground) of any fault or liability for injuries resulting from the ordinary negligence of the provider. Ordinary negligence is defined as the failure to take the care that a reasonable provider of services would take under the same circumstances.

The Proper Format for Waivers of Liability

To be effective, release of liability forms must be written clearly and contain unambiguous, explicit language waiving a business or organization's liability. The language used must also be conspicuous within the document and not hidden in fine print. Additionally, the language should state the potential risks involved in the activity so that the individual signing the form knowingly assumes the risks of the activity. Finally, release of liability forms should be stand-alone documents, and should not be contained in a larger contract such as a membership agreement.

What a Waiver Won't Cover

One important limitation of waivers is that they generally do not protect service providers from gross negligence or intentional/wanton misconduct. This refers to conduct that is beyond the scope ordinary, routine negligence of the service provider. In the case of a ski resort, for example, if the resort did not repair its ski lift and the ski lift broke and fell as you were sitting on it, causing you to break several bones, this would be gross negligence. In situations like these, service providers will be held liable even if participants signed release of liability forms.

In conclusion, if you are part of a non-profit organization that partakes in camping trips or other somewhat dangerous ventures, or a business engaged in activities involving some level of risk to participants, you should strongly consider consulting an attorney and drafting a release of liability form. It is not advisable to use generic, stock language from the internet or another organization’s release of liability form, because the more specific your waiver is to your circumstances, the more likely it will be upheld in the event of a lawsuit. Finally, waiver law differs from state to state, so you should consult an attorney in your state to assist you with your release of liability form.

The author of this article can be reached via email at Justice360@muslimcongress.org. For more information about Justice360, visit http://www.muslimcongress.org/360.

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