What to include in a liability waiver (general guidance, not legal advice)

Common sections of a liability waiver

Many waivers include some or all of the following. Your attorney will decide what fits your business and state.

1. Parties

Identifies who the agreement is between: your business (often its full legal name) and the participant. It may also cover related people such as staff, instructors, or owners.

2. Activity description

Describes the activities the participant is joining, such as classes, rentals, tours, or events, so it is clear what the waiver applies to. Specific, honest descriptions are generally more helpful than vague ones.

3. Assumption of risk

Explains the inherent risks of the activity and states that the participant understands and accepts them. For example, a paddling business might describe weather, water conditions, and capsizing.

4. Release of liability

The core of most waivers: the participant agrees to give up certain claims against the business. What can and cannot be released varies widely by state, which is a key reason for attorney review.

5. Indemnity

A clause in which the participant agrees to cover certain costs or claims connected to their participation. These clauses are treated differently from state to state.

6. Medical acknowledgment

Often includes a statement that the participant is fit to take part, a place to disclose relevant conditions, and consent to emergency medical treatment if needed.

7. Minors

If minors participate, waivers commonly include a parent or guardian signature section. States differ significantly on how waivers apply to minors.

8. Severability

States that if one part of the waiver is found invalid, the rest remains in effect.

9. Electronic signature consent

For digital waivers, a statement that the participant agrees to sign electronically and receive records electronically. In the U.S., electronic signatures are generally recognized under the federal E-SIGN Act and state laws based on the Uniform Electronic Transactions Act (UETA). Those laws address the validity of electronic signatures in general; they do not make any particular waiver enforceable.

Tips for a clear waiver

• Use plain language and readable formatting so participants can understand what they sign.
• Keep important terms visible rather than buried in small print.
• Make sure the activity description matches what you actually offer.
• Review your waiver when you add new activities or locations.
• Keep signed copies organized and easy to find.

Have an attorney review it

We strongly recommend that an attorney licensed in your state draft or review your waiver. They can account for your state’s laws, your specific activities, and recent court decisions. A one-time review is a small cost compared with relying on wording that may not hold up.

Where WaiverGo fits

WaiverGo does not write waivers. You supply your own waiver text, ideally reviewed by your attorney, and once early access opens we’ll import it free so customers can sign by link or QR code. Signed copies are stored, searchable, and downloadable as PDFs. Pricing is $12/month flat or $99/year with unlimited waivers and no usage fees. WaiverGo is not a law firm and does not provide legal advice.