Release of Liability Create a Release of Liability

Release of Liability

Updated Dec 29, 2025
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A Release of Liability is a legal document that allows individuals or businesses to waive potential legal claims, providing protection and clarity in situations like events, activities, or business operations across all U.S. states.

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RELEASE OF LIABILITY

RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISK AGREEMENT

This Release of Liability, Waiver of Claims, and Assumption of Risk Agreement (the "Agreement") is entered into on , by and between:

The Releasor (Participant):
Name:
Address:
(hereinafter referred to as the "Releasor"),

AND

The Releasee (Host/Organizer):
Name:
Address:
(hereinafter referred to as the "Releasee").

I. THE ACTIVITY

The Releasor desires to participate in the event, activity, or service provided by the Releasee. The specific details of the activity are described as follows:

(hereinafter referred to as the "Activity").

II. ASSUMPTION OF RISK

The Releasor acknowledges that the Activity may involve inherent risks, dangers, and hazards, including but not limited to physical exertion, environmental conditions, equipment failure, and the negligence of others. The Releasor acknowledges that these risks may result in physical injury, emotional distress, disability, death, or property damage.

The Releasor voluntarily assumes full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by the Releasor, or any loss or damage to property owned by the Releasor, whether caused by the negligence of the Releasee or otherwise, to the fullest extent allowed by law.

III. RELEASE AND WAIVER

In consideration for being permitted to participate in the Activity, the Releasor, for themselves and their heirs, executors, administrators, and assigns, hereby releases, waives, discharges, and covenants not to sue the Releasee, its officers, directors, employees, agents, volunteers, and successors (collectively, the "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by the Releasor, or to any property belonging to the Releasor, while participating in such Activity, while in, on or upon the premises where the Activity is being conducted, regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent permitted by law.

IV. INDEMNIFICATION

The Releasor agrees to indemnify and hold harmless the Released Parties from any and all costs, expenses, legal fees, liabilities, losses, and damages that the Released Parties may incur as a result of the Releasor's participation in the Activity, or caused by the Releasor's negligence, intentional misconduct, or violation of this Agreement.

V. MEDICAL TREATMENT

The Releasor hereby consents to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during the Activity. The Releasor agrees to be responsible for any and all costs associated with such medical treatment and acknowledges that the Releasee does not provide health or accident insurance for the Releasor.

VI. FITNESS TO PARTICIPATE

The Releasor certifies that they are physically and mentally capable of participating in the Activity and have not been advised otherwise by a qualified medical professional. The Releasor agrees to comply with all rules, regulations, and instructions of the Releasee.

VII. PHOTOGRAPHIC RELEASE

The Releasor grants the Releasee the right to photograph, videotape, or otherwise record the Releasor’s participation in the Activity and to use such recordings for commercial, publicity, or promotional purposes without compensation to the Releasor.

VIII. GOVERNING LAW

This Agreement shall be construed in accordance with and governed by the laws of the State of . Any legal action arising out of this Agreement shall be brought in the courts located in the County of , State of _______________.

IX. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

X. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements, understandings, and negotiations, whether written or oral.

XI. ACKNOWLEDGMENT OF UNDERSTANDING

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

SIGNATURES

THE RELEASOR (PARTICIPANT)

Signature: _________________________
Print Name: _______________
Date:
Address: _______________

THE RELEASEE (HOST/ORGANIZER)

Signature: _________________________
Print Name: _______________
Date:
Address: _______________

What is a Release of Liability?

A Release of Liability is a legal contract between two parties where one party waives the right to hold the other responsible for potential claims, damages, or injuries. This document primarily serves to settle legal disputes or protect individuals and businesses from lawsuits resulting from ordinary negligence during specific activities. Event organizers, business owners, and vehicle sellers frequently utilize this agreement to mitigate financial risks associated with inherent dangers, property transfers, or past conflicts.

Types of Release of Liability

  • General Release - Broadly waives all known and unknown claims between parties and is often used to settle civil disputes or employment termination agreements.
  • Mutual Release - Establishes a reciprocal agreement where both parties agree to drop all claims against each other, typically used in contract disputes or divorce settlements.
  • Automobile Accident Release - Settles claims resulting from a vehicle collision where the victim agrees not to sue in exchange for a monetary settlement.
  • Activity Waiver and Release - Protects business owners or event organizers from liability for injuries participants might sustain during physical activities or events.
  • Damage to Property Release - Settles disputes regarding damage to real or personal property in exchange for compensation or repairs.
  • Personal Injury Release - Finalizes a settlement between an injured party and the liable party or insurance company to prevent future litigation regarding the specific incident.

Essential Elements of a Valid Release

Courts require specific components to deem a waiver enforceable:

  • Identification of Parties - The document must clearly name the Releasor (party giving up rights) and the Releasee (party being protected).
  • Clear Intent - The language must explicitly state that the Releasor is knowingly giving up legal rights to sue.
  • Consideration - The Releasor must receive something of value, such as money or the right to participate in an activity, in exchange for signing the release.
  • Scope of Release - The text must specify exactly what claims, injuries, or damages are covered by the agreement.
  • Voluntary Execution - The signature must be obtained without coercion, duress, or undue influence.

Legal Statutes and Regulations

State and federal laws govern the enforceability and limitations of liability waivers:

  • Uniform Commercial Code - Allows for a waiver or renunciation of a claim or right arising out of an alleged breach of contract (UCC § 1-306).
  • Volunteer Protection Act - Limits the liability of volunteers working for nonprofit organizations or government entities (42 U.S.C. § 14501 et seq.).
  • California General Release Statute - Prevents a general release from extending to claims the creditor does not know exist at the time of execution (Cal. Civ. Code § 1542).
  • Truth in Lending Act - Regulates disclosures and consumer rights that cannot be waived in credit transactions (15 U.S.C. § 1601 et seq.).
  • Older Workers Benefit Protection Act - Sets specific requirements for releases involving age discrimination claims under federal law (29 U.S.C. § 626(f)).

Enforceability and Limitations

Judges strictly scrutinize waivers to ensure they do not violate public policy. Most jurisdictions refuse to enforce releases that attempt to waive liability for gross negligence, recklessness, or intentional misconduct. A release covering ordinary negligence generally holds up in court provided the language is unambiguous and conspicuous. Courts often invalidate documents where the waiver clause is buried in fine print or written in complex legal jargon that a layperson cannot understand. Waivers involving minors present additional challenges, as parents often cannot legally waive a child's right to sue for future injuries in many states.

How to Execute a Release of Liability

Step 1: Negotiation - The parties discuss the terms of the settlement or the requirements for participation in an activity.

Step 2: Drafting - One party prepares the document using clear language that identifies the risks and rights being waived.

Step 3: Review - The Releasor reads the document thoroughly to understand the rights they are surrendering.

Step 4: Execution - Both parties sign and date the document, often in the presence of a witness or notary public for added validity.

Step 5: Consideration Exchange - The agreed-upon payment is made or access to the activity is granted to finalize the contract.

Release of Liability in Vehicle Transfers

Vehicle transactions require a specific form of release to protect the seller after the exchange. State Departments of Motor Vehicles typically provide a Notice of Transfer and Release of Liability (NRL). Filing this document immediately after a sale informs the state that the seller is no longer responsible for the vehicle. This action protects the previous owner from liability for parking tickets, traffic violations, or criminal activities involving the vehicle after the date of sale. The seller remains the record owner until this specific government form is processed.

FAQs

Most courts do not uphold waivers that attempt to excuse gross negligence, recklessness, or intentional acts. Public policy generally prevents parties from contracting away liability for conduct that demonstrates a blatant disregard for the safety of others.
A notary is not strictly required for a release to be valid in many jurisdictions, but notarization provides strong evidence of the signer's identity and intent. Certain types of releases, such as those involving real estate or high-value settlements, often include notarization to prevent future disputes.
The enforceability of parental waivers varies significantly by state. Some states allow parents to waive a minor's right to sue for negligence in commercial recreational activities, while others consider such waivers unenforceable and void against public policy.
A waiver is generally signed before an activity to relinquish the right to sue for potential future injuries. A release is typically signed after an incident has occurred to settle a claim and prevent further legal action regarding that specific event.
A release typically serves as a permanent bar to future legal action regarding the specific subject matter covered in the agreement. Activity waivers may include expiration dates or apply only to specific events, requiring new waivers for subsequent participation.
Courts may overturn a release if the signing party proves they were under duress, legally incompetent, or induced by fraud. Ambiguous language or attempts to hide the waiver provisions within a larger document also frequently lead to invalidation.

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