Event liability waiver
Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement (the “Waiver”)
Organizer: [Organizer legal name], of [Organizer address] (the “Organizer”).
Event: [Event name], held at [Event location] on [Event date], including all related activities, training, warm-ups, transportation arranged by the Organizer, and use of facilities and equipment (the “Event”).
Participant: [Participant full name], date of birth [Participant date of birth] (the “Participant”).
PLEASE READ CAREFULLY. BY SIGNING THIS WAIVER YOU GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
1. Description of risks
The Participant understands that taking part in the Event involves risks, dangers and hazards, including: [physical exertion; falls; collisions with other participants, objects or vehicles; uneven, wet or slippery surfaces; weather conditions such as heat, cold, lightning and wind; equipment failure; wildlife; insects; allergic reactions; distance from medical help; and the actions of other participants, spectators and staff]. Injuries can range from minor bruises to serious injuries such as fractures, concussion, paralysis, heart attack or death.
The Participant also understands that the Organizer and its staff may make mistakes in judgment, including in planning, instruction, supervision and emergency response, and that these may contribute to injury.
2. Assumption of risk
The Participant is taking part in the Event voluntarily and freely accepts and assumes all of the risks described above and any other risks that are a normal part of the Event, whether foreseeable or not.
3. Health and fitness
The Participant confirms that they are in good health and have the physical fitness and skill needed to take part safely, and that they have disclosed any medical condition the Organizer should know about in the medical conditions field. The Participant will stop taking part and tell staff if they feel unwell or unsafe. The Participant has been encouraged to consult a physician before taking part if they have any doubt.
4. Rules and conduct
The Participant will follow all rules, safety instructions and directions from the Organizer and its staff, use required safety equipment, and act in a way that does not endanger themselves or others. The Organizer may remove any participant who does not do so, without refund.
5. Release and waiver of claims
In consideration of being allowed to take part in the Event, the Participant, for themselves and their heirs, executors, administrators, family members and assigns, waives all claims they have or may have in the future against the Organizer and its directors, officers, employees, volunteers, contractors, sponsors, landowners, venue operators and agents (the “Released Parties”), and releases the Released Parties from all liability for any loss, damage, expense or injury, including death, that the Participant may suffer as a result of taking part in the Event, DUE TO ANY CAUSE, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER OCCUPIERS' LIABILITY LEGISLATION.
This release does not apply to claims arising from the gross negligence, recklessness or wilful misconduct of a Released Party, or to any claim that cannot be waived by law, including consumer protection rights that a law makes non-waivable.
6. Indemnity
The Participant will indemnify and hold harmless the Released Parties from any claims, costs and liabilities, including reasonable legal fees, arising from the Participant's breach of this Waiver or the Participant's conduct that causes injury or damage to other people or property, except to the extent caused by the Released Parties' gross negligence or wilful misconduct.
7. Medical treatment
The Participant authorizes the Organizer and its staff to arrange first aid, emergency medical treatment and transportation that they reasonably believe is necessary if the Participant is injured or ill and unable to consent. The Participant is responsible for the cost of any such treatment and transportation not covered by insurance.
Emergency contact: [Emergency contact name and phone].
8. Photos and video
[ ] The Participant consents to the Organizer photographing and recording them during the Event and using those images in materials promoting the Organizer and future events, without payment. If this box is not checked, the Organizer will make reasonable efforts not to publish images in which the Participant is the main subject.
9. Personal information
The Organizer will collect and use the personal information in this Waiver, including health information, only to manage the Event, keep participants safe, respond to incidents, and keep records required for legal and insurance purposes, in line with applicable privacy law. It will keep this Waiver for [Retention period] and then destroy it securely.
10. Minors
If the Participant is under the age of majority where they live, a parent or legal guardian must also sign. The parent or guardian confirms that they have read this Waiver, consent to the minor taking part, accept the risks on the minor's behalf, and agree to the release and indemnity in sections 5 and 6 for themselves. The parent or guardian understands that the law may not allow them to waive the minor's own claims, and that the Organizer relies on their consent and indemnity to the extent the law allows.
11. Severability and interpretation
This Waiver is intended to be as broad and inclusive as the law allows. If any part is held invalid, the rest continues in full force. Where this Waiver is translated, the English version prevails to the extent permitted by law.
12. Acknowledgement
The Participant confirms that: they have read and understood this Waiver before signing; they have had the opportunity to ask questions and seek independent legal advice; no one has made any statement that changes its terms; they are at least [age of majority] years old (or a parent or guardian has also signed); and they are signing it freely and voluntarily, understanding that it is a binding legal agreement that gives up legal rights.
13. Governing law and disputes
This Waiver is governed by the laws of [Province or state] and the federal laws of [Country] that apply there, without regard to conflict-of-laws rules that would apply the law of another place.
14. Notices
Any notice under this Waiver must be in writing and delivered by hand, by courier, by registered mail, or by email to the address shown in the signature block or another address given by notice.
A notice is received: when delivered, if delivered by hand or courier on a business day before 5:00 PM local time at the place of receipt, and otherwise on the next business day; on the fifth business day after mailing, if sent by registered mail; and when sent, if sent by email before 5:00 PM local time of the recipient on a business day with no automated message that it was not delivered, and otherwise on the next business day.
Routine operational communications may be sent by any reasonable means, but a notice of breach, termination or a claim must also be sent by a method listed above.
15. Entire agreement and general terms
Entire agreement. This Waiver, including any schedules and documents it expressly refers to, is the entire agreement about its subject matter and replaces all earlier discussions, proposals and agreements about that subject matter, whether written or oral.
Amendments and waivers. A change to this Waiver is effective only if it is in writing and signed by each party. A failure or delay in enforcing a right is not a waiver of it, and a waiver of one breach is not a waiver of any other breach.
Assignment. No party may assign this Waiver without the prior written consent of the others, which will not be unreasonably withheld, except that an organization may assign it without consent to a successor to all or substantially all of its relevant business or assets by giving written notice. This Waiver binds and benefits the parties and their permitted successors and assigns.
Severability. If any provision is found invalid or unenforceable, it will be limited or removed to the minimum extent necessary, and the rest of this Waiver stays in full force.
Interpretation. Headings are for convenience only. The words “including” and “includes” mean “including without limitation”. Amounts are in [Currency] unless stated otherwise. A reference to a law includes any amendment or replacement of it.
Language. The parties have expressly required that this Waiver and all related documents be drawn up in English. Les parties ont expressément exigé que la présente entente et tous les documents connexes soient rédigés en anglais.
16. Counterparts and electronic signatures
This Waiver may be signed in any number of counterparts, each of which is an original and all of which together form one document.
The parties agree that this Waiver may be signed and delivered electronically, including through an electronic signature service such as eSora Sign. An electronic signature, and a signed copy delivered by email or as a PDF, has the same legal effect as a handwritten signature on a paper original, to the extent permitted by applicable law, including the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted in the relevant state, Part 2 of the Personal Information Protection and Electronic Documents Act (PIPEDA), and provincial electronic commerce legislation in Canada.
Each party consents to receive this Waiver and related notices electronically, and agrees that the electronic record of the signing process, including any certificate of completion and audit trail, may be used as evidence that this Waiver was signed and of when it was signed.
Signatures
I HAVE READ AND UNDERSTOOD THIS WAIVER. I AM AWARE THAT BY SIGNING IT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASED PARTIES.
PARTICIPANT
Name: ______________________________
Signature: ______________________________
Date: ______________________________
Email for notices: ______________________________
PARENT OR GUARDIAN (IF PARTICIPANT IS A MINOR)
Name: ______________________________
Signature: ______________________________
Date: ______________________________
Email for notices: ______________________________
ORGANIZER
Organization: [Legal name of organization]
Name: ______________________________
Title: ______________________________
Signature: ______________________________
Date: ______________________________
Email for notices: ______________________________