Free Release/Waiver Agreement

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Release/Waiver Agreement

Dispute Details


Dispute Details


E.g. Damage was caused by flooding in the basement while John Smith was providing plumbing services.


Frequently Asked Questions
How much detail do I need to put in?Write in as much detail as necessary for the parties to be clear about what is being released -- the what, where, when and why of the dispute. If a court action has been initiated, the court location and case reference assigned to the action may be sufficient.


Your Release/Waiver Agreement

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Release/Waiver Agreement Page of
Initials: ______________________________ Page of

General Release of Liability

THIS GENERAL RELEASE (this "Agreement") dated this ________ day of ________________, ________

BETWEEN:


_______________ of ________________________________________
(the "Releasor")

OF THE FIRST PART


AND


______________________ of ________________________________________
(the "Releasee")

OF THE SECOND PART

IN CONSIDERATION OF the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:

  1. Consideration
  2. In consideration of the sum of $__________ AUD, paid by cash, the receipt and sufficiency of which consideration is acknowledged, the Releasor releases and forever discharges the Releasee, the Releasee's spouse, heirs, executors, administrators, legal representatives and assigns from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any damage, loss or injury to person and property which has been or may be sustained as a consequence of the dispute detailed below.
  3. Details of Dispute
  4. The claim or dispute occurred as a result of: ____________________________________________________________________________________________________________________________________________________________________________________________________________
  5. Concurrent Release
  6. The Releasor acknowledges that this release is given with the express intention of effecting the extinguishment of certain obligations owed to the Releasor, and with the intention of binding the Releasor's spouse, heirs, executors, administrators, legal representatives and assigns.
  7. Full and Final Settlement
  8. For the above noted consideration, the parties to this Agreement further agree not to make claim or take proceedings against any other person or corporation which might claim contribution or indemnity under the provisions of any statute or otherwise.
  9. It is declared that the terms of this settlement are fully understood; that the amount or type of consideration stated is the sole consideration for this Agreement and that the sum is accepted voluntarily for the purpose of making a full and final compromise, adjustment and settlement of all claims for injuries, losses and damages resulting or which may result from the above noted dispute.
  10. This Agreement contains the entire agreement between the parties to this release and the terms of this release are contractual and not a mere recital.
  11. No Admission of Liability
  12. It is agreed that the payment is not deemed to be an admission of liability on the part of the Releasee.
  13. Governing Law
  14. This Agreement will be governed by and construed in accordance with the laws of the Australian Capital Territory.

IN WITNESS WHEREOF the Releasor and Releasee have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.

_______________________________
Releasor

_______________________________
WITNESS:  ______________________
Address:  ________________________
Occupation:  _____________________

_______________________________
______________________(Releasee)

_______________________________
WITNESS:  ______________________
Address:  ________________________
Occupation:  _____________________

Release of Liability (Waiver) Information

Alternate Names

A Release of Liability is also known as a:

  • Liability Waiver
  • Accident Waiver
  • Event Waiver
  • Legal Release

What is a Release of Liability?

A Release of Liability (waiver) is a contract in which one party waives their right to make a legal or financial claim against another individual or organisation in the event of a dispute.

People often sign waivers in exchange for compensation, like the ability to participate in a certain activity or money to cover medical expenses or property damage. Compensation makes a contract such as a waiver legally binding and enforceable.

For instance, if you are involved in a car accident, you may agree not to sue the person responsible for the collision in exchange for enough money to cover the damage. Or, perhaps you sign a waiver before going on a bike ride with a sports group, acknowledging that you understand the physical risks involved and are willing to participate anyways.

What is the difference between a waiver and a release?

The main difference between these two contracts is that people typically sign a waiver as a precaution before an incident occurs or anyone brings any claims forward.

Waivers are common practice in the entertainment and tourism industry where people often participate in risk-related activities (e.g., renting a car or boat, skydiving, bungee jumping, etc.). With a signed waiver, protection from liabilities exists regardless of whether or not disputes or damages occur.

In contrast, people can sign a release before or after a dispute arises. Signing a release allows one party to free another from the liabilities associated with both known and unknown claims.

Still, people often use the terms waiver and release interchangeably and generally understand them to mean that one party agrees not to pursue legal action against another party.

How do I write a Release of Liability?

Liability waivers differ depending on the situation, but generally contain information about:

  • The party that waives their right to take legal action (i.e., the releasor)
  • The party that caused or has potential to cause the other harm (i.e., the releasee)
  • The activity or incident in question
  • The agreed-upon settlement (such as financial restitution or participation in an activity)

To help you easily write a Release of Liability that suits your needs, LawDepot provides a variety of customisable templates, including a:

  • General release of claims
  • Motor vehicle accident release
  • Activity waiver and release
  • Damage to personal property release
  • Debt settlement release
  • Personal injury release
  • Mutual release

LawDepot's Release of Liability templates contain a statement of concurrent release, in which the releasor acknowledges the waiving of their rights. With a mutual release, the statement of concurrent release is an acknowledgement by both parties.

In most release templates, there's also a clause stating that the settlement is not an admission of liability. However, this clause isn't included in the activity waiver because there's no need to address liability (as nothing has happened yet).

These terms are important because they clearly and explicitly communicate the intention of terminating the releasee's liability.

Why do I need a Liability Waiver?

Liability waivers can protect an individual or organisation from being held responsible for injuries or damages that may arise from a risky situation. With this contract in place, parties can often avoid an unnecessary legal battle and resolve a dispute outside of court.

This document is particularly helpful for entertainment or tourism businesses because it communicates the risks of a certain activity to a participant.

For example, a company that rents boats may do their best to maintain the quality and performance of their equipment. However, they cannot control how a person operates a boat or the weather conditions that may affect their trip on the water. In this case, a waiver would communicate these risks and protect the company from being held liable for any injuries resulting from misuse of the equipment.

Without a Release of Liability, a harmed individual could exercise their right to seek legal recourse.

Are waivers legally binding in Australia?

Although Australian courts will generally respect a waiver agreement between two parties, there are some situations in which they may be unwilling to enforce the contract.

For instance, a waiver cannot override the law. If the agreement conflicts with public policy, courts are unlikely to enforce it.

Similarly, companies cannot use a Release of Liability to waive their obligations to provide reasonable care. Failure to use the appropriate degree of care often results in gross negligence, which courts consider a civil wrong.

Other factors that might influence a court's decision to enforce a waiver include:

  • Ambiguous language
  • The releasor's lack of capacity to understand the contract completely
  • If it appears one party was coerced or taken advantage of by the other

In these situations, a releasor may still be able to sue despite signing a Release of Liability.

Related Documents

  • Demand Letter: requests an outstanding action or payment from someone
  • Hold Harmless Agreement: allows one party to protect another party against any future losses or claims that may result from a particular activity
  • Model and Entertainment Release: provides consent from a subject of a work (e.g., a photo, video, or audio recording) to the commercial use of that work by a professional
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