How to Know if You Should Sign a Waiver of Liability
Sign the waiver if it is required to participate., Read the waiver before signing., Try to negotiate., Show your lawyer the waiver., Keep a copy of the liability waiver.
Step-by-Step Guide
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Step 1: Sign the waiver if it is required to participate.
Some organizations might not let you participate unless you sign a waiver of liability.
In this situation, you face a choice: sign the waiver and participate or don’t sign the waiver and be prevented from participating.
Only you can make the choice.
If you want to participate in the activity badly enough, then you should sign the waiver. -
Step 2: Read the waiver before signing.
You should always read any waiver given to you to sign.
Before deciding whether to sign it, you need to understand its purpose and what rights you are giving up.
You should only sign a waiver if you agree and understand each of its provisions.
Take out your waiver and look for the following common waiver provisions:
To relieve the organization of liability for your injury.
The waiver might state that you agree to “hold harmless” the organization.
Basically, the organization is trying to prevent you from suing it for your injuries.
To limit where you can bring the lawsuit.
A waiver of liability might try to get you to agree to bring your lawsuit in only a certain court.
The purpose of this provision is to protect the organization from having to go to a distant part of the country to defend itself.To force you to arbitrate an injury.
Arbitration is a form of dispute resolution which is private.
Instead of going to court, you agree to present your case to a private arbitrator.
Some organizations might try to get you to agree to arbitrate any dispute that you have. , You should ask if you can negotiate some of the terms of the waiver.
You probably won’t be successful.Nevertheless, you should feel free to ask, particularly if there is only one provision you disagree with.
You could say, “I know you probably don’t negotiate these waivers, but would it be possible to remove the arbitration provision?” If the company agrees, then you and a manager can both initial the pages that are being changed and write in the revision.
If the business says no, then you are probably stuck either signing it or not participating in the activity. , If you are unsure about signing the waiver, then a lawyer’s advice would be most helpful.A lawyer can review the waiver and make sure that you are not signing away valuable rights.
A lawyer could also try to negotiate with the company on your behalf.
For everyday activities, like skiing or visiting an amusement park, you probably don’t have time to show the waiver to an attorney.
However, if you are signing a waiver related to an employment contract, then you should have enough time to review it with a lawyer. , In the event you are injured, you will want to know precisely what the waiver said.
After signing the waiver, ask the organization if you can have a copy.
Store it in a safe place at home, where you know that you can find it. -
Step 3: Try to negotiate.
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Step 4: Show your lawyer the waiver.
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Step 5: Keep a copy of the liability waiver.
Detailed Guide
Some organizations might not let you participate unless you sign a waiver of liability.
In this situation, you face a choice: sign the waiver and participate or don’t sign the waiver and be prevented from participating.
Only you can make the choice.
If you want to participate in the activity badly enough, then you should sign the waiver.
You should always read any waiver given to you to sign.
Before deciding whether to sign it, you need to understand its purpose and what rights you are giving up.
You should only sign a waiver if you agree and understand each of its provisions.
Take out your waiver and look for the following common waiver provisions:
To relieve the organization of liability for your injury.
The waiver might state that you agree to “hold harmless” the organization.
Basically, the organization is trying to prevent you from suing it for your injuries.
To limit where you can bring the lawsuit.
A waiver of liability might try to get you to agree to bring your lawsuit in only a certain court.
The purpose of this provision is to protect the organization from having to go to a distant part of the country to defend itself.To force you to arbitrate an injury.
Arbitration is a form of dispute resolution which is private.
Instead of going to court, you agree to present your case to a private arbitrator.
Some organizations might try to get you to agree to arbitrate any dispute that you have. , You should ask if you can negotiate some of the terms of the waiver.
You probably won’t be successful.Nevertheless, you should feel free to ask, particularly if there is only one provision you disagree with.
You could say, “I know you probably don’t negotiate these waivers, but would it be possible to remove the arbitration provision?” If the company agrees, then you and a manager can both initial the pages that are being changed and write in the revision.
If the business says no, then you are probably stuck either signing it or not participating in the activity. , If you are unsure about signing the waiver, then a lawyer’s advice would be most helpful.A lawyer can review the waiver and make sure that you are not signing away valuable rights.
A lawyer could also try to negotiate with the company on your behalf.
For everyday activities, like skiing or visiting an amusement park, you probably don’t have time to show the waiver to an attorney.
However, if you are signing a waiver related to an employment contract, then you should have enough time to review it with a lawyer. , In the event you are injured, you will want to know precisely what the waiver said.
After signing the waiver, ask the organization if you can have a copy.
Store it in a safe place at home, where you know that you can find it.
About the Author
Kenneth Brooks
A passionate writer with expertise in creative arts topics. Loves sharing practical knowledge.
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