Last updated November 15, 2023

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An Activity Waiver is an agreement between an activity provider and the participants, in which the participant agrees they understand the risks of the activity and will not sue the activity provider for any injuries or damages. Activity providers, such as businesses, sports teams, and organizations, will typically ask participants to sign a Waiver before an activity to protect themselves from liability. 

An Activity Waiver is also known as a:

• Liability form
• Liability waiver
• Liability release 
• Release of liability
• Sports waiver

An Activity Waiver can protect an activity provider against civil liability in case of an accident. In the case of an Activity Waiver, liability means being responsible for repairing a participant’s damage or injury. Activity Waivers create a legally-binding, written agreement between the activity provider and participant stating that the participant won’t hold the activity provider responsible for any harm done to the participant during the activity. 

For example, a stable that teaches horseback riding lessons may have students sign a waiver before riding in their facility. This way, if a participant falls off the horse and breaks their arm, the stable is protected against a lawsuit claiming they are responsible for the participant’s injury. 

An Activity Waiver can also educate the participant on the potential risks of the activity.

You can use an Activity Waiver for a variety of activities, such as:

• Sports or fitness, such as:
  • Skydiving
  • Rugby
  • Kayaking
• Professional services, such as:
  • Hair coloring
  • Manicures
• Parties or events, such as:
  • Marathons
• Vehicle rentals, such as:
  • Motorcycles
  • Boats
  • Cars
• Animal care or handling, such as:
  • Horseback riding
  • Dog showing
• Other activities, such as:
  • Woodworking classes
  • Welding classes

Each state has its own restrictions on what activities can utilize an Activity Waiver. Check your state’s legislation for more guidance on which activities your state permits with an Activity Waiver.

To write an Activity Waiver, complete the following steps:

1. State the location where the activity will take place.

Different states have different rules and regulations. Our Activity Waiver template will customize your form for your location. 

If the activity occurs in multiple locations, choose the state where the parties reside or the location of the activity provider's business.

Where legislation is similar, the choice of state may not make a difference. However, each state has varying rules about Activity Waivers and the activities they can be used for. Check each state’s legislation to ensure your Activity Waiver is accepted in all locations.

2. Provide the activity details 

If known, provide the date on which the activity is taking place. If not known, indicate the date is unspecified. 

Also, include details about the activity, including a brief description of what the activity involves. 

3. Provide the contact information for the activity provider

The activity provider is the party 'released' by the participant from a legal right that the participant could have against the activity provider concerning their health and safety.

Provide the full name of the individual or corporation providing the activity along with their address. 

 4. Invite participants to complete and eSign the Activity Waiver

Invite participants to complete the Activity Waiver by entering their names and emails into our questionnaire or by copying and sharing the unique URL provided on the preview page, which participants can use to complete the waiver. 

When participants receive an email or enter through the provided link to eSign the Waiver, we’ll ask for their name, address, and emergency contact details. Everyone will complete and eSign the application through LawDepot.

If you don’t invite participants immediately, you can return to your Activity Waiver to invite participants at any time. 

Once participants have received the online Activity Waiver through email or the custom URL link, they can navigate through the Waiver, input their address and emergency contact details, sign the document, and return it to the activity provider. 

eSign the Activity Waiver

To sign the Activity Waiver, a participant provides their full name on the eSign page and clicks “Sign Document.” The activity provider will immediately receive an email notification that the participant completed an application and can review the information. The activity provider will then need to eSign the Activity Waiver as well.

Related Documents:

• Indemnity Agreement: Create an Indemnity Agreement for more comprehensive protection against liabilities, losses, or claims.
• Service Agreement: Outline the relationship between yourself and your clients. Describe the service you agree to provide and the terms of pay in order to avoid misunderstandings later.
• Demand Letter: Request payment or action from another party.
• Personal or Corporate Guarantee: Create a Guarantee when an individual or corporation takes responsibility for the debt or obligations of another party.

Sample

Activity Waiver

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