Written waivers and releases (generally, here, a “Release”) have become ubiquitous in the American way of life – axe throws, bounce houses, rock climbing parks, mechanical bulls, little league registration, school activities, soccer clubs, trampoline parks, church events, etc. Americans sign Releases all the time and few who sign likely take the time to actually read, much less appreciate, what it is they are signing.
For the event organizer, it is usually better to have a well-crafted Release and not need it, than to need one and not have it. Whether to include and administer a Release for an event or other business activity is a business decision.
For the entity desiring to install a Release into an activity’s execution, the Release should be carefully tailored to address the specific activity and risks involved. For example, if the Release contains an assumption of risk, the risks should be – from a best practices perspective – updated on a case-by-case basis to reflect the actual activity made the basis of the Release.
For sports activities (for example), common risks include falling, collision with other players or objects, exposure to temperature extremes or inclement weather, fatigue, dehydration, failing to play safely or within the limitations of one’s abilities, negligence of participants or others. Other activities, such as mechanical bulls or rock climbing, may have other or different risks to disclose.
The actual release provision is important. Some Releases purport to release certain individuals from their own negligence or even gross negligence or willful misconduct. The greater the scope of the release provision, the greater the scrutiny that may be applied when it is sought for enforcement. Also, many times a Release provides that the signer is releasing or waiving claims of or for another, but in reality, it is someone else, such as the signer’s minor child, who is the actual participant in the activity.
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