A waiver or release gives up a right, such as releasing one from his/her liability for harm or damage that may occur from performing under a contract, or participating in an activity. Some activities are considered inherently dangerous, and those who participate in such activities may be required to sign a release form, acknowledging that they are assuming the responsibility for their voluntary participation in such activities.
Courts vary in their approach to releases depending on the particular facts of each case, the releases' effect on other statutes and laws, and the courts' views of the benefits of releases as a matter of public policy.
In Missouri, tenants seeking to utilize the swimming pool on their landlord's property at an apartment complex are typically required to sign a Release of Landlord, Waiver of Liability, and Assumption of all Risks of Personal Bodily Injury. This legal document aims to protect both the landlord and the tenant by clarifying the responsibilities and potential risks associated with using the swimming pool. The release form explicitly states that tenants understand and accept the inherent dangers of swimming, including the risks of personal bodily injury. By signing this document, tenants acknowledge that they are voluntarily assuming all liability for any injuries that may occur, regardless of the landlord's negligence or lack thereof. This waiver also releases the landlord from any legal claims or demands arising from the tenant's use of the swimming pool. It's crucial to emphasize that this particular Release of Landlord, Waiver of Liability, and Assumption of all Risks of Personal Bodily Injury applies specifically to adults or tenants without children. In situations where children are involved, there may be separate releases or specific clauses addressing their presence and supervision around the swimming pool area. Additionally, different types of Release of Landlord, Waiver of Liability, and Assumption of all Risks of Personal Bodily Injury forms may exist depending on the apartment complex and its specific policies. Some landlords might have their own customized forms, while others may utilize standardized templates provided by legal professionals. Regardless of the exact form's name, its purpose remains consistent — protecting all parties involved and outlining their responsibilities and liabilities when using the swimming pool. It is essential for tenants to carefully read and understand the entire content of the release form before signing it. If any doubts or concerns arise, seeking legal advice or clarification from a professional attorney is advisable. By signing this agreement, tenants are entering into a legally binding contract that outlines their understanding and acceptance of the risks associated with using the swimming pool on the landlord's property at the apartment complex.
