Tag Archives: group waiver

Four Common Waiver Formats: Which is Best for Your Business?

By Doyice Cotten

Thousands of agreements which waive the liability of sport, recreation, and fitness providers are utilized each day; but not all waivers look alike. There are at least four commonly used formats for liability protection. Each format has advantages and disadvantages — consequently, the formats are not equally effective. In this post, I compare the formats so that the reader may decide if he or she is using the best possible type of liability protection.

Common Formats

The common formats are 1) the stand-alone waiver of liability,

Group Waivers and the Risk of Fraud

By Doyice Cotten

Scott Storer was injured while riding his motorcycle on a motocross track  (Storer v. E Street MX, Inc., 2015 Cal App. Unpub. LEXIS 4029). Prior to beginning his ride, Scott was handed a clipboard and asked to sign his name.

He said the only thing on the clipboard that he could see were names of other riders that signed in. He explained there was one folded sheet of paper with signature lines at the top of the clipboard,

California Town Dodges the “Fraud-Bullet” in Group Waiver Case

By Doyice Cotten

Ernest Jones sued the City of Ukiah alleging negligence after breaking his ankle while sliding into second base in a softball game. He claimed the city negligently supervised and maintained the fields causing an injury (Jones v. City of Ukiah, 2013 Cal. App. Unpub. LEXIS 5125).

Jones had signed a group waiver which, frankly, left much to be desired in its format. Some of the problems were:

  • Title:
    • “2008 FALL MEN’S SOFTBALL LEAGUE SOFTBALL ROSTER FORM ALL PLAYERS MUST SIGN BELOW BEFORE THEY CAN PLAY.”

California Waiver Case Examines: 1) Group Waivers, 2) Gross Negligence, and 3) California Civil Code Section 1668

By Doyice Cotten

In Jones v. City of Ukiah (2013 Cal. App. Unpub. LEXIS 5125), Ernest Jones was injured sliding into second base in a softball game. He then sued the city alleging negligence, gross negligence, and statutory liability for having a dangerous condition on public property – claiming that the base was improperly anchored and did not lie flat. The trial court granted summary judgment in favor of the City and the plaintiff appealed.

Which Waiver Format is Best?

The table featured below is an excerpt from Waivers & Releases of Liability by Doyice & Mary Cotten.  Providers should examine this table closely before deciding which format they want to use for a waiver.

Comparison of Waiver Formats

Stand-Alone Waiver
Or
Participant Agreement

Waiver Within
Another Document

Group Waiver

Disclaimer

Description

One or  more pages containing only the  waiver & related information.
Exculpatory language (often just a paragraph) included within a contract or application
Exculpatory language

(often just a paragraph)at the top of the sheet with spaces below for all  members of  the group to sign
Language usually appearing on the back of a ticket disclaiming liability for injury to the participant or spectator

Advantages

1) Longer,