Event Planners - How Does Your Release And Waiver Of Liability Agreement Measure Up?
If your event includes one or more activities that involve a risk of injury, especially catastrophic injury to a participant, then each person must sign a Release And Waiver Of Liability Agreement prior to participating. By signing this agreement, the participant acknowledges the risk involved, waives his or her rights to sue if an injury does occur, and releases the sponsor and its agents from liability arising from the injury.
Here are the top 10 points that you should address or include in your Release And Waiver Of Liability Agreement. How does your agreement score?
1. Have the wording as clear as possible. Avoid jargon and wording that could cause confusion or ambiguity.
2. Use a readable type font of at least 10 point or greater. You don't want someone to claim that it was too hard to read.
3. Put all phrasing in the first person with wording such as "I acknowledge..." or "I accept..." This makes it clear that the person signing the form is accepting responsibility for participating in the activity.
4. Make the title of the agreement bold and large. It needs to be obvious that this is a waiver of important rights, and the form itself, the content within the form, and the process for sharing the form should make it clear that the participant is expected to have read it and understood it prior to signing it.
5. A parent or guardian must sign a minor's release if the participant is not of legal age, which is usually 18 years old. Have the minor sign first in a paragraph before the parent's or guardian's signature to signify that the minor is aware of and accepts the potential risk. The parent's / guardian's signature should cover both release and indemnification of the insured et al as well as agreement for the participation of the minor child.
6. All individuals must sign the Release And Waiver Of Liability Agreement prior to participating, there are no exceptions.
7. Keep the form to one page if possible, and have it only for the single purpose, don't make it a multipurpose form.
8. Make it clear that the signing participant understands and accepts that the risk of serious injury exists, "including both known and unknown risks." Do not include a list specifying all risks that could occur. What if a risk that you hadn't included on the list does occur?
9. Have the release of the insured, include all agents and those who act on behalf of the insured, his/her heirs, assigns, and next of kin.
10. Let your attorney and insurance company's underwriters help in the drafting of your Agreement. Copies signed by participants should be kept in a folder in case an issue arises later.
And remember that having the best Release And Waiver Of Liability Agreement does not substitute for having strong and documented loss control procedures in place. Contact us at Event Insurance where we can give you a quote and help you with your upcoming event. When you come to our site, click the Orange button titled "Step 1. Click Here to Start My Free Quote". Once you complete the application, you may receive an automatic quote depending upon the type of event. If not, the information will come to one of underwriters who will review your application and email you back a firm quote typically within the hour. Once you have the firm quote in hand, you can purchase online using a major credit card and your Certificate(s) of Insurance and related policy documents will be emailed to you within 1 business day.
http://www.directeventinsurance.com/
Here are the top 10 points that you should address or include in your Release And Waiver Of Liability Agreement. How does your agreement score?
1. Have the wording as clear as possible. Avoid jargon and wording that could cause confusion or ambiguity.
2. Use a readable type font of at least 10 point or greater. You don't want someone to claim that it was too hard to read.
3. Put all phrasing in the first person with wording such as "I acknowledge..." or "I accept..." This makes it clear that the person signing the form is accepting responsibility for participating in the activity.
4. Make the title of the agreement bold and large. It needs to be obvious that this is a waiver of important rights, and the form itself, the content within the form, and the process for sharing the form should make it clear that the participant is expected to have read it and understood it prior to signing it.
5. A parent or guardian must sign a minor's release if the participant is not of legal age, which is usually 18 years old. Have the minor sign first in a paragraph before the parent's or guardian's signature to signify that the minor is aware of and accepts the potential risk. The parent's / guardian's signature should cover both release and indemnification of the insured et al as well as agreement for the participation of the minor child.
6. All individuals must sign the Release And Waiver Of Liability Agreement prior to participating, there are no exceptions.
7. Keep the form to one page if possible, and have it only for the single purpose, don't make it a multipurpose form.
8. Make it clear that the signing participant understands and accepts that the risk of serious injury exists, "including both known and unknown risks." Do not include a list specifying all risks that could occur. What if a risk that you hadn't included on the list does occur?
9. Have the release of the insured, include all agents and those who act on behalf of the insured, his/her heirs, assigns, and next of kin.
10. Let your attorney and insurance company's underwriters help in the drafting of your Agreement. Copies signed by participants should be kept in a folder in case an issue arises later.
And remember that having the best Release And Waiver Of Liability Agreement does not substitute for having strong and documented loss control procedures in place. Contact us at Event Insurance where we can give you a quote and help you with your upcoming event. When you come to our site, click the Orange button titled "Step 1. Click Here to Start My Free Quote". Once you complete the application, you may receive an automatic quote depending upon the type of event. If not, the information will come to one of underwriters who will review your application and email you back a firm quote typically within the hour. Once you have the firm quote in hand, you can purchase online using a major credit card and your Certificate(s) of Insurance and related policy documents will be emailed to you within 1 business day.
http://www.directeventinsurance.com/
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