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Release and Waiver of Liability

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Release and Waiver of Liability

Agreement made on the between of , referred to herein as Rider, and of , referred to herein as Horse Owner.

Whereas, Horse Owner leases and operates a stable (hereafter called Stable) at the address set forth above; and

Whereas, Horse Owner is the legal owner of which horse is one of many other horses that Horse Owner leases to the public for the purpose of recreational riding, and

Whereas, Rider desires to rent said horse from Horse Owner; and

Whereas, Rider understands that injuries to person and property can result from riding horses, which injuries could include death; and

Whereas, Horse Owner requires that this Agreement be executed by Rider prior to riding said horse; and

Wherefore, Rider has agreed to wear the hard hats required by Stable personnel and as a condition to riding said horse;

Now, therefore, for and in consideration of being allowed to ride said horse, the undersigned Rider hereby releases Horse Owner, his/her employees, agents, successors, and assigns (collectively Releasees) from all liability to Rider for any loss or damage to property, physical injury or death whether caused by Releasees or otherwise that result, directly or indirectly from Rider’s riding said horse. Rider further agrees to indemnify, save and hold Releasees harmless from any loss, liability, attorneys’ fees, damage, or costs that they (or any of them) may incur arising out of or related to Rider’s riding said horse, whether caused by the negligence of the Releasees or otherwise, and Rider does hereby assume the risk of any such loss or damage. Rider affirms and represents that he/she is an experienced rider with a suitable skill level to ride said horse.

Any dispute under this agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

WITNESS my signature as of the day and date first above stated.

(Name of Rider)

(Name of Rider)

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What a Release and Waiver of Liability Does

A Release and Waiver of Liability is a written agreement where one party gives up the right to pursue certain legal claims against another party for specified activities, events, or services. It identifies the parties, describes the covered activity, states the scope of risks the signer assumes, and sets the terms for liability release. In many U.S. contexts these agreements allocate risk, clarify responsibilities, and support dispute resolution. Electronic execution is generally valid under the ESIGN Act and UETA when signature intent and record retention requirements are met.

Why organizations use a Release and Waiver of Liability

A clear waiver reduces ambiguity about assumed risks, documents consent, and helps manage potential claims by showing the signer was informed and agreed to release certain liabilities.

Why organizations use a Release and Waiver of Liability

Typical users and participants

Organizations and individuals use waivers when activities carry foreseeable physical or financial risk and documented consent is important.

  • Event organizers and promoters who host recreational activities, tours, or sporting events and need participant consent to assume risk.
  • Service providers and contractors who perform potentially hazardous work where customers or clients must acknowledge specific risks.
  • Property owners and landlords who allow third-party use of premises and require visitors to accept responsibility for injuries or damage.

Choosing the right signer and ensuring valid execution are essential steps to help the waiver hold up if contested.

Who can sign and why it matters

Participant

An individual who directly assumes the risk described in the waiver. The participant must have capacity to consent, and a parent or guardian must sign for minors.

Authorized Representative

A corporate or organizational signer with authority to bind the entity. Confirm signatory authority in writing to avoid challenges based on lack of authority.

Core elements to include in a professional waiver

A well-drafted waiver combines clear parties, a plain-language description of risks, explicit release language, assumption of risk, limitations or exclusions, and a valid signature block to document consent.

Parties

Full legal names and roles of the releasor (signer) and releasee (entity or person being protected), so identity is unambiguous and enforceable.

Recitals

A concise description of the activity or event, including date, location, and scope, so the release covers the intended exposures.

Release Language

Plain but specific phrasing that states which claims are waived and against whom, reducing interpretive gaps that courts might exploit.

Assumption of Risk

Language where the signer acknowledges known risks and accepts responsibility for participating, which supports defense to negligence claims.

Limitations

Any carve-outs, caps on liability, or insurance requirements; these terms shape remedies and can affect enforceability in some jurisdictions.

Signature Block

Designated area for printed name, signature, date, and, if needed, parent/guardian or authorized representative details and notarization.

Required data fields at a glance

Full name: Signer’s legal name
Address: Street, city, state, ZIP
Activity details: Event description and location
Effective date: MM/DD/YYYY format
Consideration: Fee or valuable exchange
Signature block: Signature and date

Key risks of poorly prepared waivers

Unenforceable release: Overly broad language may be struck down
Fraud allegations: Misrepresentation can invalidate consent
Identity gaps: Unverified signer identity undermines proof
Missing notarization: May be required for specific claims
Incorrect dates: Can create ambiguity about covered events
Wrong jurisdiction: Choice-of-law errors complicate enforcement

Step-by-step: completing a Release and Waiver of Liability

Follow these core steps to complete a waiver carefully: identify parties and activity, state the scope of release, capture signer intent, and store the executed record securely.

  • 01
    Draft: Describe activity, risks, and parties in plain language.
  • 02
    Review: Confirm applicable state rules and any insurance or regulatory requirements.
  • 03
    Execute: Obtain signature, date, and witness or notarization if required.
  • 04
    Store: Save a tamper-evident copy with an audit trail.

Configuring an online signing workflow

Set up authentication, signing order, attachments, reminders, and audit logging before sending the waiver for signature.

Field Configuration
Authentication Email link or SMS code for signer verification
Signing Order Sequential or parallel signer steps
Attachments Require ID or waiver terms as file uploads
Audit Trail Enable timestamps, IP, and action logs

Digital signing and technical considerations

Confirm file formats, authentication level, and storage controls before sending the waiver electronically.

  • File formats: PDF, DOCX supported
  • Authentication: Email, SMS, or KBA options
  • Integrations: CRM and cloud storage compatible

Typical routing and submission flow

A simple online routing sequence reduces friction and preserves the evidence of consent: upload, configure fields, send to signer, collect signature, and archive the completed record.

  • Upload Document: Add waiver template and required exhibits
  • Place Fields: Add signature, date, and contact fields
  • Send to Signer: Deliver via email link or embedded form
  • Archive: Store signed PDF with audit trail

Timing and processing expectations

While no universal federal filing deadline applies to waivers, timing matters: obtain the signed document before the activity begins and allow time for identity verification and, if required, notarization.

Before Participation:

Waiver should be signed prior to the activity

Notarization Window:

Complete notarization immediately if required

Electronic Delivery:

Allow 24–72 hours for remote verification tasks

Record Retention:

Retain executed copy per company policy

Consumer Disclosures:

Provide ESIGN consumer disclosure when required

Real-world examples of waiver use

Practical examples show how waivers are used across organizations to document informed consent and manage risk.

Martin Properties — Event Signing

A property manager implemented online waivers for tenant-sponsored events to standardize risk notices and capture consent.

  • Simple mobile signing reduced return time for forms.
  • The result provided consistent, auditable records tied to each event and improved administrative tracking of liability acknowledgements.

Fertility Centers of Illinois — Patient Forms

A healthcare provider moved procedural consent and release forms online to streamline intake and capture accurate patient data.

  • HIPAA safeguards were applied during e-sign workflows.
  • Executed records included audit trails and secure storage, allowing faster patient processing and clearer documentation of consent for specific procedures.

How a waiver differs from related documents

Compare a Release and Waiver of Liability with a related instrument to pick the correct tool for risk allocation.

Criteria Release and Waiver Indemnity Agreement
Primary purpose bar claimant recovery shift defense costs
Liability transfer waives claim against releasee requires indemnitor to defend
Third-party claims may not cover third parties often expressly covers third parties
Typical use case recreational or event consent commercial service contracts

Practical tips for accurate and efficient waivers

Use plain language, confirm signer identity, and preserve complete execution metadata to strengthen enforceability.

Be explicit and narrow
Draft release language that targets the specific risks and parties involved to reduce the chance a court will find the waiver unconscionable or overly broad.
Verify signer identity
Use a reliable authentication method—email plus SMS or ID attachment—to tie the signature to a known identity and reduce challenges to attribution.
Record the process
Retain an audit trail with timestamps, IP addresses, and a copy of the executed document to demonstrate intent and the signing sequence if a dispute arises.
Review local law
Have counsel confirm state-specific requirements such as witness counts, statutory carve-outs, or public policy limits that can affect enforceability.

Key milestones in processing a waiver

Track milestones from preparation through archiving to ensure every executed waiver is complete, authenticated, and retained.

01

Draft Complete

Finalize terms and define scope prior to distribution

02

Compliance Review

Confirm state rules and any industry-specific requirements

03

Signer Authentication

Complete identity checks and required disclosures

04

Archival

Store signed record with audit trail and access controls

eSignature vendor pricing and key features

Basic pricing and core capabilities for common eSignature vendors; signNow is listed first per vendor comparison standards.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions about waivers and e-signatures

Answers to common issues when preparing, signing, and enforcing a Release and Waiver of Liability.


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