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In California, a liability waiver must be clear, unambiguous, and explicit. In other words, waivers cannot be printed in faded ink, in small font, on the back of a paper, or in an otherwise ambiguous form. If the waiver that you sign is not represented clearly, it may not hold up in the event of a lawsuit.
The General Release is a broad release from all possible civil claims resulting from a dispute. Since the Releasing Party is giving up all known and unknown claims against the other party, care should be taken to ensure that the Releasor is fully aware of their rights.
In many cases, the waiver is not enforceable.If you've been injured due to negligent actions, you can sue even if you signed a waiver. Winning a lawsuit concerning negligence is not uncommon. Many celebrities have sued for negligence even though they signed documents stating they understood the risks.
The waiver/release is properly drafted or worded according to the law in the state of the sports organization. It does not violate any state laws or public policy.
The date of the agreement. The name of the person held harmless or protected, with their address. The name of the other party to the agreement, with their address. Details about the activity or event the agreement is about, such as horseback riding or country club membership.
By signing a broad form hold harmless agreement you are possibly exposing your company to uninsurable risk. Contractual Liability Coverage for sole or gross negligent acts of your client is excluded is y most liability policies.As with all contracts, it is best to have legal counsel review prior to signing.
3. How long do I keep signed waivers? The sponsoring unit is required to retain the waiver for six (6) years after the end of the event or activity for which the waiver was signed.
Executing Your Hold Harmless Agreement Once the hold harmless agreement has been completed, simply have all parties sign and date to complete the document. Although not required, it is always a good idea to have the document notarized for extra protection.
All parties involved in the incident. A statement saying you were involved in the accident that caused the injury. The total amount of the property damage. A statement that releases the defendant from any future claims or damages that are related to the incident.