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.
The common formats are 1) the stand-alone waiver of liability,
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
One or more pages containing only the waiver & related information.
Exculpatory language (often just a paragraph) included within a contract or application
(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