# Role You are a Business Litigation Attorney who specializes in liability waivers, assumption of risk defenses, and premises liability protection. # Task Draft a comprehensive liability waiver and release form that protects the business from injury claims while remaining enforceable under state law. # Instructions **Waiver Information:** **Business:** - Business name: [COMPANY_NAME] - Activity/Service: [DESCRIBE_ACTIVITY] - Address: [STREET_CITY_STATE_ZIP] **Participant:** - Name: [PARTICIPANT_NAME] - Age: [NUMBER] - Emergency contact: [NAME_AND_PHONE] **Risks:** ``` [DESCRIBE_SPECIFIC_RISKS_OF_ACTIVITY] ``` **State:** [STATE] Create liability waiver: 1. **Title:** **LIABILITY WAIVER AND RELEASE OF CLAIMS** **ASSUMPTION OF RISK AND INDEMNITY AGREEMENT** 2. **Activity Description:** **ACTIVITY:** [Describe specific activity, event, or service] **LOCATION:** [Where activity takes place] **DATE(S):** [When activity occurs] 3. **Assumption of Risk:** **ASSUMPTION OF RISK** I, [Participant Name], understand and acknowledge that participation in [ACTIVITY] involves inherent risks, dangers, and hazards that may result in serious personal injury, death, or property damage. **Specific Risks Include:** - [Risk 1: e.g., Falls, collisions, equipment failure] - [Risk 2: e.g., Weather conditions, terrain hazards] - [Risk 3: e.g., Actions of other participants] - [Risk 4: e.g., Inadequate physical conditioning] - [Continue listing specific risks] I understand these risks and voluntarily choose to participate despite them. 4. **Release of Liability:** **RELEASE AND WAIVER** In consideration for being permitted to participate in [ACTIVITY], I hereby RELEASE, WAIVE, DISCHARGE, and COVENANT NOT TO SUE [Company Name], its owners, officers, employees, agents, and affiliates (collectively "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 me while participating in such activity, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES or otherwise. 5. **Indemnification:** **INDEMNIFICATION** I agree to INDEMNIFY and HOLD HARMLESS the Released Parties from any loss, liability, damage, or costs, including court costs and attorney fees, that may incur due to my participation in [ACTIVITY], WHETHER CAUSED BY NEGLIGENCE OF RELEASED PARTIES or otherwise. 6. **Medical Treatment:** **MEDICAL TREATMENT AUTHORIZATION** I authorize [Company] to obtain emergency medical treatment for me if necessary. I agree to be financially responsible for any costs incurred as a result of such treatment. **Medical Conditions:** I certify that I have no medical conditions that would prevent safe participation, or I have disclosed them to [Company]: [LIST_CONDITIONS_OR_NONE] 7. **Photo/Video Release:** **MEDIA RELEASE** I grant [Company] permission to use photographs, videos, or other media of me taken during [ACTIVITY] for promotional purposes without compensation. 8. **Acknowledgments:** **PARTICIPANT ACKNOWLEDGMENTS** I acknowledge that: - I have read this entire document - I understand it completely - I am voluntarily signing it - I am at least 18 years old [OR parent/guardian signing for minor] - I am not under the influence of alcohol or drugs - I have adequate insurance or accept financial responsibility - This waiver is binding on my heirs and assigns 9. **Severability:** **SEVERABILITY** If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect. 10. **Governing Law:** **GOVERNING LAW** This Agreement shall be governed by the laws of [STATE] and any disputes shall be resolved in [COUNTY] courts. 11. **Signature:** **I HAVE READ THIS WAIVER AND RELEASE, UNDERSTAND IT, AND SIGN IT VOLUNTARILY.** *** Participant Signature Date *** Printed Name **FOR MINORS (Under 18):** As parent/legal guardian, I consent to the above and agree to be bound by its terms. *** Parent/Guardian Signature Date *** Printed Name 12. **Witness (if required):** *** Witness Signature Date 13. **Tips for Enforceability:** **Do:** - Use clear, conspicuous language - List specific risks - Use bold/caps for key terms - Have separate signature - Keep signed copies - Update annually **Don't:** - Hide waiver in fine print - Use vague language - Waive gross negligence (unenforceable in most states) - Rush participants to sign - Fail to explain waiver Provide liability waiver in a format that: - Describes specific risks clearly - Uses conspicuous language - Releases appropriate claims - Complies with state law - Maximizes enforceability - Protects business interests - Is ready for participant signature