---
name: waiver-release
description: "Drafts liability waivers and release forms for events, services, and activities. Use when you need participants to acknowledge and accept risks."
allowed-tools: Read Write Glob
metadata:
  author: matthewhitcham
  version: "1.0"
---

# Waiver and Release

## When to Use This Skill

Use this skill when you need to:
- Draft a liability waiver for an event, service, or activity
- Create a release of claims form for participants
- Establish assumption of risk and indemnification provisions
- Build a signed acknowledgment for activities with inherent risk

**DO NOT** use this skill for employment agreements, client contracts, or insurance policies. This is for liability waivers and releases. Enforceability varies by state — always have an attorney review.

---

## Core Principle

A WAIVER DOES NOT ELIMINATE ALL LIABILITY — IT PROTECTS AGAINST CLAIMS ARISING FROM INHERENT RISKS THAT PARTICIPANTS KNOWINGLY ACCEPT, NOT FROM NEGLIGENCE OR MISCONDUCT.

---

## Phase 1: Activity Details

### Required Inputs

| Input | What to Ask | Default |
|-------|------------|---------|
| **Business name** | "What is your legal business name?" | No default — must be provided |
| **Activity/event** | "What activity or event requires a waiver?" | No default — must be provided |
| **Risks involved** | "What are the specific risks participants face?" | No default — must be described |
| **Participants** | "Who participates? (adults, minors, employees, public)" | Adults (18+) |
| **Location** | "Where does the activity take place?" | No default — must be provided |
| **State** | "Which state's law governs?" | No default — required for enforceability |

**GATE: Do not proceed without the activity, specific risks, and governing state.**

---

## Phase 2: Waiver Structure

```
## Waiver and Release of Liability

### Participant Information
Name: ________________________________
Date of Birth: ________________________
Email: ________________________________
Phone: ________________________________
Emergency Contact: ____________________
Emergency Phone: ______________________

---

### Activity Description

I, the undersigned ("Participant"), wish to participate in
[specific activity/event] ("Activity") provided by [Business Legal
Name] ("Company") at [location] on [date(s)].

### Acknowledgment of Risks

I understand and acknowledge that participation in the Activity
involves inherent risks, including but not limited to:

- [Specific risk 1 — e.g., physical injury from exercise]
- [Specific risk 2 — e.g., exposure to weather conditions]
- [Specific risk 3 — e.g., equipment malfunction]
- [Specific risk 4 — e.g., interaction with other participants]
- Other risks that may not be foreseeable

I understand that these risks may result in personal injury, illness,
death, or damage to personal property. I VOLUNTARILY ASSUME ALL SUCH
RISKS and accept full responsibility for any injury or damage that
may result.

### Waiver and Release of Claims

In consideration of being permitted to participate in the Activity,
I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE [Company],
its owners, officers, employees, agents, contractors, and affiliates
("Released Parties") from any and all liability, claims, demands,
actions, or causes of action arising out of or related to any loss,
damage, injury, or death that may be sustained by me, or damage to
my property, as a result of my participation in the Activity,
WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.

### Indemnification

I agree to INDEMNIFY AND HOLD HARMLESS the Released Parties from any
loss, liability, damage, cost, or expense (including attorney fees)
that they may incur as a result of my participation in the Activity
or my breach of this Agreement.

### Medical Authorization

In the event of an emergency, I authorize [Company] to secure
necessary medical treatment on my behalf. I understand that I am
responsible for all costs of medical treatment. I certify that I have
adequate health insurance to cover any injuries I may sustain during
the Activity, or I agree to bear the costs myself.

### Medical Conditions

I certify that I am physically fit and have no medical condition that
would prevent my participation. I have disclosed any relevant medical
conditions to [Company]: ________________________________

### Photo/Video Release (Optional)

I grant [Company] permission to use photographs, video, or audio
recordings of my participation for promotional, educational, or
marketing purposes without compensation.

[ ] I consent to photo/video use
[ ] I do NOT consent to photo/video use

### Governing Law

This Agreement shall be governed by the laws of the State of [State].

### Severability

If any provision of this Agreement is found to be unenforceable,
the remaining provisions shall remain in full force and effect.

### Acknowledgment

I HAVE READ THIS WAIVER AND RELEASE, FULLY UNDERSTAND ITS TERMS,
AND SIGN IT FREELY AND VOLUNTARILY. I understand that I am giving
up substantial legal rights by signing this document.

Participant Signature: ____________________ Date: ____________
Printed Name: ____________________________
```

### Minor Participant Addendum

```
### Parent/Guardian Consent (for participants under 18)

I, the undersigned parent or legal guardian of the minor named below,
hereby consent to my child's participation in the Activity and agree
to the terms of this Waiver and Release on behalf of my child.

Minor's Name: ____________________________
Minor's Date of Birth: ____________________
Parent/Guardian Name: _____________________
Relationship: _____________________________
Signature: ________________________________ Date: ____________
```

---

## Phase 3: Customize by Activity Type

### Event/Workshop Waivers
- Add specific venue risks
- Include COVID/health screening if applicable
- Reference event rules and code of conduct

### Fitness/Physical Activity Waivers
- Include physical fitness certification
- Add physician consultation recommendation
- List specific activity risks (muscle strain, falls, etc.)

### Outdoor/Adventure Waivers
- Weather-related risks
- Wildlife and environmental hazards
- Equipment risks and proper use requirements

### Digital/Online Event Waivers
- Recording consent
- Data privacy acknowledgment
- No liability for technical issues or interruptions

---

## Phase 4: Implementation

```
## Waiver Implementation Checklist

- [ ] Waiver reviewed by an attorney in the governing state
- [ ] Risks specific to your activity are listed (not generic)
- [ ] Clear language — readable by a non-lawyer
- [ ] Signature line with date
- [ ] Minor participant addendum included (if applicable)
- [ ] Digital signing option set up (DocuSign, HelloSign, or similar)
- [ ] Signed waivers stored securely (minimum 3 years, longer if minors)
- [ ] Process established to collect waivers BEFORE the activity
- [ ] Staff trained on waiver collection procedures
```

---

## Example: Outdoor Fitness Bootcamp

**Risks listed:** Muscle strains and sprains, falls on uneven terrain, heat exhaustion, dehydration, cardiac events during strenuous exercise. **Additional provisions:** Participants certify physical fitness, recommend physician consultation, consent to emergency medical treatment, photo/video release for social media. **Collection:** Digital form signed 24 hours before the event.

---

## Anti-Patterns

- **Generic one-size-fits-all waivers** — list risks specific to YOUR activity. Generic waivers are weaker in court.
- **Trying to waive gross negligence** — waivers typically cannot protect against gross negligence or intentional misconduct. They cover inherent risks and ordinary negligence.
- **Collecting waivers after the activity starts** — waivers must be signed before participation. Post-activity waivers may lack valid consideration.
- **Not retaining signed copies** — store all signed waivers securely for at least the statute of limitations period (varies by state, typically 2-6 years).
- **One waiver for multiple activities** — if your activities have different risk profiles, use separate waivers with activity-specific risks.

---

## Recovery

- **Participant refuses to sign:** No signature, no participation. The waiver is your protection — do not make exceptions.
- **Incident occurs:** Document everything immediately. Contact your insurance provider. Consult an attorney before making statements.
- **State restricts waivers:** Some states limit waiver enforceability (e.g., for gross negligence or minors). Know your state's rules.
- **Lost waivers:** Implement a digital signing and storage system immediately. Reconstruct records as best as possible from registration data.
