A waiver or release is a written agreement that clients sign promising not to sue you if injured. In order for any state to give some weight to a signed waiver/release three conditions need to be met.

(1) The agreement's intent must be very clear and in language that can be understood.
(2) 'I he agreement needs to be well drafted and avoid the common pitfalls.
(3) Obvious gross negligence will not be overcome by any agreement so an injury° has to be more accidental in nature.

Note:

Any agreement needs the attention of your attorney regardless if he desi gns it entirely or you adapt it from another guide, an internet site, or from examples provided to you by an insurance agent or insurance company. A well-drafted agreement virtually means that every phrase and sentence was written specifically to counter a court case where a pit["all caused the waiver/release agreement to be thrown out, and those pitfalls I have been told are numerous. A risk warning as well as an informed consent provision should always be a part of a well-drafted agreement and again, definitely consult your attorney on this matter.

Even if item (1) and (2) are met and the injury is not the result of 0ross negligence, some state courts still may not dismiss a lawsuit on Summary Judgment. The injured party's attorney will then have to overcome its presentation by the defense attorney later in the legal process. It very well may depend on the state the suit is entered.

Usually any benefit front a signed waiver agreement comes about later in the legal Process'. thus your legal costs can be extremely high. Do not adhere to the thinking that waiver/releases take the place of purchasing general liability insurance. Their benefit may still be highly important as it may ultimately limit the amount of damages paid by your insurance company. Obviously, most insurance companies either mandate or recommend that you have every client sign a waiver/release. Every client means just that ...every client regardless if a paying client or one that is gratis.

Possibly an even more important reason that you have your clients sign a waiver is that in Some states you can lose a lawsuit simply because the injured party only has to prove that he/she was not aware of the risks involved. lie/she will simply swear they did not consent to being subjected to such risks.

Also, do not simply place the agreement in front of your client and ask for a signature, but review it as part of your safety and procedure talk prior to the activity that you are providing. You may need to testify to that very fact and that you or one of your guides strictly adhere to this process for every client. I personally recommend that you should even have a written procedure on file including all safety procedures, talks. etc. including, the review of the waiver/release and that your service will not be provided without it.