When it comes to events, there are several risks you would need to be aware of and how an event liability waiver can help you mitigate them. These risks could range from property damage by a third-party to bodily injuries; basically, risks of any mishaps that may occur at an event. If you are running an event, a good way of protecting your business is to ensure that your guests sign an event liability waiver.
An event liability waiver is a common legal document, and you may have even signed one of these before. By asking your guests to sign a waiver prior to entering the event or purchasing an event ticket, you would be able to protect your business better against future lawsuits. Some examples of event liability waivers (or event participation waiver forms) include:
- Going skydiving or bungee jumping
- Going for horseback riding
- Joining a workout class or an exercise program
- Attending a massive music festival or concert
- Going to an amusement park
- Large conferences
- Company parties or sponsored events
- Charity fundraisers
How Does the Waiver Work?
Through a well-crafted waiver, you would be able to use the signed waiver as evidence in the event of a lawsuit, stating that the participant or guest has voluntarily entered the premises and participated in the activity at their own risk. This means that any mishaps which may have occurred to them such as injury, death, damage, or loss of personal property will not be the responsibility of the organization.
If your waiver meets the following three conditions, there is a good chance that it will be upheld during a lawsuit:
- The language used in the waiver follows state law requirements
- The injury or incident occurred from the risks have been stated in the waiver
- State laws and public policy were not violated in the waiver
However, bear in mind that, a signed waiver does not mean this is a foolproof way of preventing a successful lawsuit. If the court finds you guilty of gross negligence, or if the waiver violates public policy, then they will be able to deem the waiver as unenforceable.
At the same time, while a waiver may help to shorten the litigation process (thus reducing your legal fees drastically), you would still need a General Liability insurance.
What Else Should I Take Note Of?
To ensure that your waiver has been well-crafted, some pointers to take note of include the following:
- Ensure that your waiver stands out either through a bolded or larger font size.
- Ensure that the verbiage is easy enough for an ordinary person to understand.
- Ensure that the terms are fair, unambiguous, and clear.
- Ensure that your waiver contains all the risks involved for your customer to make an informed decision to assume the risks involved.
As shared previously, waivers should be signed prior to entering the event venue, purchasing a ticket, or participating in the activity. While some businesses have customers sign a paper form, there are also businesses who have employed the use of electronic waivers as a swifter alternative.
If you would like to find out more about electronic waivers and how to use them, reach out to us at WaiverFile today for quick chat.