This form is a sample release in which the plaintiff releases the defendant from liability in exchange for consideration.
California Waiver and Release of Personal Injury Claim
State:
Multi-State
Control #:
US-PI-0278
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Waiver And Release Of Personal Injury Claim?
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FAQ
In the state of California, waivers of liability will be considered enforceable so long as they have been drafted properly and the language is explicit as to the scope of coverage. Additionally, the language in question has to be legible and use high-visibility text (in other words, it cannot be in the fine print).
The main difference between releases and waivers is the transferring of ownership. When rights are released, they are transferred to another party. When rights are waived, they are gone altogether. If intellectual property rights are waived, the IP can be used by any other party that has access to it.
A release of liability will not protect a releasee in all situations. State law governs how to structure these contracts and what they can cover. For example, in case of a deliberate act causing an injury, the law will not allow a business owner to claim a release waives any and all responsibility.
Under California law, circumstances that may allow a lawsuit to proceed, even if you signed a liability waiver, include incidents where: You did not sign the document. The language used was vague or unclear.
Factors that courts look at in determining whether a contract such as a liability waiver is unconscionable include: The subject of the contract. The relative bargaining positions of the parties to the contract. The degree of economic compulsion involved. The public interests implicated by the contract.
A release of liability will generally be enforced by courts if the agreement meets the following criteria: The waiver contains proper language, is clear, easy to read, and unambiguous. The release does not violate any states laws or public policy.
Case Law: A waiver of liability must be clear, unambiguous, and explicit in expressing the parties' intent. Many courts in California have ruled that waivers printed in faint or small font, or in an inconspicuous place (deep in a document, on the back of a page, etc.), are less likely to be held enforceable.
A release and waiver agreement is an enforceable promise not to pursue legal action in exchange for compensation. The releasee gives money or some other form of compensation to the releasor, who then agrees not to press charges, sue, or take any other legal action against the releasee.