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Release of Liability Waiver

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RELEASE OF LIABILITY
PARENT/MINOR

WITNESS THIS AGREEMENT this day of 20 by and
between hereinafter referred to as MANAGER and
hereinafter referred to as RIDER, and, if Rider is a minor, Rider's
parent or guardian,
In consideration received, and
in return for the use, today and on all future dates of the property, facilities and services of
Manager, Manager's instructors, employees and agents; Rider, Rider's heirs, assigns, and
representatives, hereby agree as follows:

1. Inherent Risks and Assumption of Risk. The undersigned acknowledges there are
inherent risks associated with equine activities such as described below, and hereby expressly
assumes all risks associated with participating in such activities. The inherent risks include, but
are not limited to the propensity of equines to behave in ways such as, running, bucking, biting,
kicking, shying, stumbling, rearing, falling or stepping on, that may result in an injury, harm or
death to persons on or around them; the unpredictability of equines reaction to such things as
sounds, sudden movement and unfamiliar objects, persons or other animals; certain hazards such
as surface and subsurface conditions; collisions with other animals; the limited availability of
emergency medical care; and the potential of a participant to act in a negligent manner that may
contribute to injury to the participant or others, such as failing to maintain control over the
animal or not acting within such participants ability.

Rider acknowledges that horses, by their very nature are unpredictable and subject to
animal whim, which may include behavior including but not limited to their propensity to kick,
bite, shy, buck, stumble, bolt, rear or general unpredictability. Rider assumes all risks in
connection therewith, and expressly waives any claims for any injury or loss arising therefrom.
Rider agrees to abide by and follow Manager's rules and regulations which, shall be posted
and/or available from time to time. Rider further acknowledges that the behavior of any animal
is contingent to some extent upon the ability of Rider. Rider assumes all risks therefor and
warrants a full and fair disclosure of Rider's abilities has been made to Manager.

Rider expressly releases Manager from any and all claims for personal injury or property
damage, even if caused by negligence (if allowed by the laws of this State) by Manager or its
representatives, agents or employees.

WARNING

Under Delaware law, an equine professional is not liable for an injury to or the
death of a participant in equine activities resulting from the inherent risks of equine
activities, pursuant to 10 Delaware Code § 8140.

2. RIDER (OR RIDER'S PARENT OR GUARDIAN) AGREES TO HOLD
HARMLESS, INDEMNIFY AND DEFEND MANAGER AGAINST ANY AND ALL
CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, ORDERS,
COSTS OR EXPENSES, INCLUDING ATTORNEY'S FEES, WHICH MAY IN ANY WAY
ARISE FROM OR BE IN ANY WAY CONNECTED WITH RIDER'S USE OF OR
PRESENCE UPON THE PROPERTY OF MANAGER AND THE FACILITIES LOCATED
THEREON. In the event rider is a minor, the parent or guardian shall further indemnify, defend
and hold Manager harmless from any such claims by said minor child, regardless of any statute
of limitations or contractual limitation of actions..

3. In the event Rider is using Rider's own horse, or a horse(s) not owned by
Manager, Rider warrants said horse(s) shall be free from infection, contagious or transmittable
diseases. Manager reserves the right to refuse access or use of any horse upon the premises that
does not appear to Manager to be in good health, or is deemed dangerous or undesirable.

4. Any action brought under this agreement shall be brought within one (1) year of
the incident or accident giving rise to said claim. Rider agrees that damages shall be limited to
$250 for property damage, medical or other actual expenses incurred, and a maximum of
$10,000 for damages such as pain and suffering.

5. Rider agrees to waive the protection of any applicable statutes in this jurisdiction
whose purpose, substance and/or effect is to provide that a general release shall not extend to
claims, material or otherwise, which the person giving the release does not know or suspect to
exist at the time of executing said release.

Manager

Rider

Parent or Guardian if Rider is a Minor

©2017 - Cottonwood Equestrian Publications

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What a Release of Liability Waiver Is and when it applies

A Release of Liability Waiver is a contract in which an individual agrees to relinquish the right to pursue certain claims against an organizer, property owner, or service provider for injuries or losses arising from specified activities. It documents the scope of assumed risks, the parties involved, and any limitations on recovery. Used for recreational events, rentals, instruction, and contractor work, a clear waiver helps frame the parties' expectations and supports risk management, though enforceability depends on jurisdictional law, clarity of language, and proper execution.

Why a clear Release of Liability Waiver matters

A properly drafted waiver clarifies responsibilities, evidences informed consent, and can reduce litigation exposure by documenting assumption of risk and consideration. It strengthens a defensive posture when language is specific, signed correctly, and paired with appropriate recordkeeping and authentication.

Why a clear Release of Liability Waiver matters

Common users and situations for Release of Liability Waivers

Organizations and individuals use Release of Liability Waivers before activities involving physical risk, property access, or professional services where injury or loss is possible.

  • Event organizers and sports operators needing participant assumption-of-risk agreements by form.
  • Property owners and rental services that require liability releases for temporary access and use.
  • Professional service providers (instructors, contractors) limiting exposure from client activities.

Who signs and who prepares these waivers

Participant

An individual signing the waiver should be identified by full legal name and contact information. The waiver should show their clear assent to specific risks; mismatched or incomplete identity data increases the likelihood of enforcement challenges in a dispute.

Organizer

The company or person offering the activity should appear by legal entity name and address, with an authorized representative identified. The organizer should document consideration, preserve executed copies, and maintain access to audit records to support enforceability.

Critical elements to include in a professional Release of Liability Waiver

A professional waiver combines factual specificity with contractual elements so courts can evaluate consent, scope, and fairness when disputes arise.

Parties

Identify each party by legal name and entity status, include mailing address and contact information to avoid ambiguity about who is releasing rights or accepting liability.

Activity

Describe the activity, location, duration, equipment used, and foreseeable hazards in plain language so the release scope is precise and understandable to a reasonable signer.

Assumption of Risk

State which specific risks the signer knowingly accepts. Distinguish ordinary risks from those arising from gross negligence or intentional harm, which many jurisdictions will not permit to be released.

Consideration

Document the consideration exchanged, whether money, discount, access, or other benefit, to demonstrate the contract element of exchange required for enforceability.

Limitations

Include liability caps, indemnity terms, and exclusions for certain claim types while ensuring those clauses comply with the governing state's statutory or common-law limits.

Signatures

Provide dated signature blocks with printed name and title for entity signers, plus witness or notary lines where state law or risk profile makes additional authentication advisable.

Step-by-step: complete and execute the waiver

Follow these core steps to prepare, obtain, and preserve an enforceable Release of Liability Waiver.

  • 01
    Prepare: Describe activity, parties, and risks clearly.
  • 02
    Consideration: State monetary or non-monetary exchange explicitly.
  • 03
    Signatures: Collect dated signatures from all required parties.
  • 04
    Store: Securely retain originals and electronic copies with audit trails.

How to configure an online waiver workflow

Set up field rules, signer authentication, retention, and notifications to match legal and operational needs.

Field Configuration
Signer Authentication Method Email or SMS code; stronger options for high risk.
Conditional Field Logic Show additional fields based on prior answers.
Document Retention Policy Automated archiving and access controls per policy.
Completion Notifications Email notifications to parties on execution.

Typical online signing workflow for a waiver

A standard online process moves a waiver from draft to signed copy while capturing authentication and audit data for records.

  • Draft: Create form with clear release language.
  • Assign: Add signer roles and required fields.
  • Authenticate: Verify signer via email or SMS code.
  • Complete: Capture signature, timestamp, and audit trail.

Platform features to verify for electronic waivers

Ensure your chosen signing platform supports strong authentication, immutable audit trails, secure storage, and exportable signed copies for compliance.

  • File formats: PDF, DOCX supported
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Authentication: Email, SMS, KBA, SSO options

Key milestones from drafting to archiving

Use a sequential milestone checklist to track drafting, approval, signing, notarization, and secure archiving of the Release of Liability Waiver.

01

Drafting Complete

Template drafted and legal review completed.

02

Approval and Finalization

Internal approval obtained and final edits incorporated.

03

Execution

Signatures collected and notarization completed if required.

04

Archival

Store signed copy and audit trail in secure records.

Timing considerations and critical action windows

Set clear timing rules for distribution, review, and signing so parties have adequate time and records reflect intent.

Execution Timing:

Provide the waiver before participation commences.

Record Retention Start:

Retention begins on the effective date or signature date.

Notarization Window:

Complete notarization at signing when required by state law.

Audit Trail Capture:

Capture timestamp and IP at signing instantly.

Review Period:

Allow time for signer review and questions before signing.

Security and compliance controls for electronic waivers

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Timestamps, IP, and action history
Authentication: Email, SMS code, or stronger MFA
HIPAA: BAA required for protected health information
ESIGN/UETA: Complies with ESIGN and UETA standards
Retention: Secure storage with tamper-evident audit logs

Common legal risks and consequences of poor waivers

Unenforceable Clause: Overbroad releases may be void
Statutory Exception: Certain claims cannot be waived
Notary Defect: Missing notarization can reduce weight
Wrong Signatory: Signature by unauthorized person invalid
Poor Language: Ambiguous terms invite litigation
Fraud Allegations: Waiver won't protect intentional harm

Preventable drafting and execution mistakes

  • Using overly broad or ambiguous language that fails to specify the activities or hazards intended to be released, weakening enforceability in court.
  • Failing to provide or document adequate consideration, which may render the waiver merely a unilateral statement rather than a binding contract.
  • Collecting signatures without verifying signer identity or using inconsistent name formats, leading to disputes about who actually signed the document.
  • Omitting required disclosures or consumer-facing ESIGN consent where applicable, which can invalidate electronic consent for certain transactions.

Real-world examples of waivers in use

Practical examples show how different organizations adapt waivers for operational needs while preserving legal clarity.

Martin Properties

Martin Properties used a standardized Release of Liability Waiver for property showings and tenant-led tours to limit exposure during open-house events.

  • Reduced in-person paperwork and delays.
  • "I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."

Fertility Centers of Illinois

A clinical practice applied a Release of Liability Waiver for patient consent to certain non-covered procedures and telehealth interactions to document informed consent.

  • Supported HIPAA-compliant workflows and BAA.
  • "The airSlate SignNow team has been exceptional, responsive, the API has been great, and we're extremely happy that we chose airSlate SignNow as a company."

Comparing common eSignature vendor pricing and features

Compare starting prices and key plan features to choose an eSignature vendor that matches your waiver volume, compliance needs, and authentication requirements.

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, no credit card required Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (Business Premium) Varies by plan Varies by plan Varies by plan Varies by plan
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions and troubleshooting

Answers to common legal and technical questions about preparing, executing, and preserving Release of Liability Waivers.


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