If you have to ask if you need one, then you should probably be using waivers!
If you find yourself asking the question, “Should my business have a waiver?”, then the answer is probably, “Yes!” Having a waiver to protect your business is something you will never regret, and you’ll be able to sleep better at night knowing your business is safe.
Waivers are a powerful yet simple and cost-effective way to protect your business from being sued and held liable for damages or harm. Waivers are especially important if you offer services, products, or activities that have risks.
While having a waiver doesn’t mean you can be lax in your safety measures, it helps keep you safe from being sued and losing your business in case something were to happen to one of your customers.
What Does a Waiver Do?
A waiver is a legally binding document between two parties stating that a business is not legally responsible for damages or harm potentially incurred as a result of the activity the customer is engaging in.
Waiver forms are also used to inform customers of the possible risk involved in participating in a certain activity.
Protecting your business with a waiver is very important, and you want to be proactive in case of an incident. Here are a few reasons why having a waiver is so important:
Liability Protection
A waiver limits the legal responsibility of a company. It does this by protecting your business in the event of accidents, injuries, or damages that might occur on your premises or as a result of using your products or services.
By signing a waiver, customers acknowledge the potential risks of an activity and agree not to hold your business responsible for any harm that might arise.
As a business owner, it’s important to protect your business in case an accident happens and a customer decides to take legal action against you.
Risk-Management
You can customize your waivers to explain and go over in detail the potential risk that is associated with using your products or services, participating in activities, or entering your premises.
For example, if you own an Indoor Kid’s Activity business, you would want your waiver to go over every possible risk involved so the customer knows what they are getting into.
This can help individuals make informed decisions about whether they are comfortable taking those risks.
Waivers Can Minimize or Avoid Legal Costs
As a business owner, you already have a lot on your plate. You don’t have time to go to court and fight a legal battle over a situation that could have been prevented if you had provided your customer with a waiver to sign, releasing you of all legal responsibility.
Legal battles are riddled with stress and high price tags. Waivers protect your business with just a small fraction of the cost of attorneys, damages, and other fees that a legal battle entails.
Not only does a waiver save you the potential cost of a legal battle, but it also saves you the time that you would otherwise spend in a courtroom. As a busy business owner, you know just how precious time is. A long, drawn-out legal battle is the last thing you need and can be easily prevented with a simple waiver.
Waivers Help Enforce Terms and Conditions
If your business has specific terms and conditions that customers must follow while using your products or services, a waiver can help enforce these terms. You can discuss in detail your guidelines and safety instructions relating to a specific activity, helping educate customers on safety precautions and helping prevent injuries.
When a user signs the waiver, they accept the terms and conditions of this legally binding document. It makes users aware of their obligations and the consequences of violating them.
Waivers Demonstrate Due Diligence
By implementing professional and informative waivers, your business demonstrates that it takes safety seriously and is proactive about informing customers or clients about potential risks.
Waivers are a great method of communicating to your customers the risks involved in participating in a specific activity. Customers may not realize these potential risks, so this is a great way to educate them so they can make an informed decision on whether to participate or not.
This can improve your business's reputation and show your audience that you prioritize the well-being of each customer who engages with your business.
Outdoor or Adventure Activities
If your business offers activities that involve physical risks, such as adventure sports, adventure parks, or tours, having customers sign a waiver helps manage risks and reduce legal liabilities. WaiverFile provides a few waiver template examples to help get you started!
It’s important to protect your business against any harmful incidents that may occur and result in lawsuits, especially for industries that have high-risk activities.
Are Waivers Legal
If you’re worried about the legality of online waivers, rest assured that they are widely accepted. When a customer signs an electronic or online waiver, the United States Uniform Electronic Signatures Act has made it so that a signer’s digital signature is as valid as a physical handwritten signature.
If your company isn’t based in the U.S., here are some guides to the legality of E-signatures in countries such as Canada, the U.K., and the European Union.
Every adult over the age of 18 has to sign for themselves. They can not sign for another adult as each signature can only be attributed to that specific adult. However, parents and guardians will have to sign the waiver form for their children if they are a minor.
When an individual signs an electronic or digital waiver for themselves, their signature is considered as legal as a wet-ink signature.
Waivers for Every Industry
WaiverFile provides services to a ton of businesses in a variety of industries. We provide waivers for industries such as medical, kid's activities, studio productions, beauty salons and spas, educational facilities, churches, watersports, and more.
You can check out a few of our sample templates on our website. These waiver templates are free and can be customized with open-ended questions, queries involving multiple-choice, and more. Once you find the template for your industry, setting up a customized waiver just takes minutes!
If you don’t see a waiver template for your specific industry, don’t worry; we provide generic waiver form templates to help your business get started! You can use this as a valuable starting point as you work with your attorney on crafting one for your specific needs.
Ultimately, if you are wondering if your business should be using waivers to protect yourselves from being sued, then the answer is probably yes. Business owners can never be too careful, and the last thing you want to spend money or time on is a lawsuit that could have easily been prevented.