This Table is excerpted from the 7th edition of Waivers & Releases of Liability by Doyice and Mary Cotten.

Have you ever wondered “What is the difference between assumption of risk and a waiver?” What about “‘What exactly is the function of a waiver?” or “What does indemnification language do?” Well, this table will explain the differences in the three concepts and will help you to see why a good “waiver” really should include all three. For more helpful information on waivers, the authors recommend Waivers & Releases of Liability as an invaluable resource.

Three Causes of Injury

And the Effect of Risk, Waiver, & Indemnity Language in Each Case

	“Accident” (Inherent Risk)	Negligent Act	Extreme Act(Gross, Reckless, or Willful/Wanton)
What Caused the Injury	Example:Participant injures his back while lifting weights on his own.	Example:Client trips over a loose wire running to a speaker placed in a hazardous location by aerobics instructor.	Example:Client slips on slippery floor in shower area following several reported falls & serious injuries in that area.
Fault of Provider	No fault.  Neither the provider nor employees did anything that caused the injury.No Negligence	Employee was careless and created a dangerous condition. Negligence	Provider knew of a significant dangerous condition and failed to take corrective measures. Gross Negligence (or other Extreme Action)
Liability of Provider	Provider is NOT liable if client assumed risk.  To assume the risk, the client must be aware of the risk.	Provider and instructor are liable for injuries caused by the provider, its employees, or agents.	Provider is liable for extreme acts causing injury if provider had “notice” or condoned the act.
Protection Provided by:Assumption of risk . . . . Waiver . . . Indemnity Agreement	.Assumption of risk section provides evidence of knowledge of inherent risks, voluntary participation, & assumption of inherent risks. . Waiver section can sometimes provide evidence of knowledge of the risks. . Indemnity agreement may shift liability for inherent risks from provider to another party.	.None . . . . Well- Written waiver section can protect provider in most states. . . Indemnity agreement may protect provider from liability for provider’s negligent acts by shifting the liability to another party.	.None . . . . None in most states. . . . Indemnity agreement will not protect provider from liability for extreme acts in most states.