A waiver is the voluntary relinquishment or surrender of some known right or privilege. It is a legal document releasing some requirement, such as waiving a right or a waiver of liability.
To optimise the success of a waiver in protecting your business from liability, it must be carefully drafted to disclose the specific risks to the participant.
The waiver should be in writing. Within the waiver, the person should agree to assume risks that are inherent to the activities at hand. The waiver should also include negligent acts.
A disclaimer is intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognised relationship. An example of a disclaimer is a sign posted at a swimming pool stating that no lifeguard is on duty and swimmers swim at their own risk.
Disclaimers, when appropriate, can be useful in reducing accidents by simply making people aware of potential risks, which increases the likelihood that they will exercise extra caution.
We recommend consulting with a legal professional for advice on how best to use waivers and/ or disclaimers for your business.
Contact us today if you require any assistance with filing your disclaimer and/or waivers.
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