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A release of liability is used in many different scenarios, such as sporting events, organized trips, or other risky activities. This agreement dictates that the party participating will not hold the organization responsible for things like personal injury, death, or loss of property. A release of liability form can help an organization or business from being sued if something were to go wrong.
In order to be valid, a release of liability must be signed and dated. It should include the names of both parties. A copy of the release of liability form should be kept by the participant as well as the person or organization sponsoring the event.
Having a release of liability form available for your company is very important. If you need a release of liability form, you will want to check the regulations for your state. Ensure that you include all the required information so that your release form is valid.
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A release of liability (ROL), or a waiver, is a form that legally protects an individual or company in the case of an incident. The incident could be as serious as a death or permanent injury, or as trivial as a ripped shirt. In all legal institutions, especially in the US, lawsuits are about as common as cheap suits. It is therefore essential, in certain situations, to have a waiver in place.
When do I need a hold harmless agreement?
Think about activities, products or services which could harm participants. These include any physically taxing or potentially dangerous activity, such as a sports game or an outward bound trip, as well as any product or service not yet officially approved, be it a new cheese spread or an experimental airplane. .Keep in mind that “harm” does not only mean fatal injury. If a celebrity sponsor is wearing an historically important diamond necklace, and that necklace snaps, that can do as much legal damage as a fourth-degree burn. Be sure you cover all your bases.
So, as long as my clients sign a release of liability, am I safe?
Nope, sorry. A release of liability gives you a layer of protection, but it doesn't altogether negate the possibility of a lawsuit. It just makes it the client's responsibility to prove that he or she was not warned about the possibility and the degree of risk. The Release of Liability also alerts the signee that he or she is about to partake in a potentially risk endeavor. This is why it's essential that you include all possible types of harm in your ROL wording (see below).
If you are a business owner, then you understand the importance of having a signed liability waiver in place for certain situations. A liability waiver is a common legal document by which someone taking part in an activity related to your business releases the business from responsibility for anything that may occur. It is easy to protect your business in this way, as liability waiver forms are readily available online. There are, however, a few things that business owners should know before using a waiver form to minimize their liability.
Today, there are many common misconceptions about liability waivers, and these erroneous beliefs seem to run in two opposite directions. While some people believe that using a waiver form doesn’t provide a business with any protection, others seem to believe a signed liability waiver offers a business total “bulletproof” protection. In fact, neither or these extreme beliefs are true. So, what can a signed liability waiver actually do for a business?
How well a waiver works in protecting a business depends upon many things. The first is the set-up of the “waiver form” itself. Additional protective clauses may or may not be included in the waiver form. These include disclaimers, indemnification agreements, informed consent agreements and covenants not to sue. Including as many as are applicable to your business in the form will provide maximum protection in the event of an accident or injury.
The second important consideration is your individual state’s unique laws on liability waivers. It’s important to check your state’s laws to determine the requirements for a waiver, whether they are enforced and to what degree. For instance, waivers are almost always enforced in Alabama, but never in Louisiana or Virginia. There are also several states that sometimes enforce them, states that “tend” to enforce them and states that usually don’t.
Regardless of what state you live in, it is important to make sure that the liability waiver you use includes a few key components. When liability waivers do fail in some states, it’s often because they are poorly written. As with any legal document, the waiver form you use must be clearly written and comprehensive to cover all your bases. There are also things you may not want to include in your waiver. Nearly all states will not enforce a waiver through which the business seeks protection from their (or their agent’s) gross negligence or reckless conduct.
There is also some question as to whether or not waivers signed by minors or signed for minors by parents were enforceable. Fortunately for recreation-focused businesses, many states have begun enforcing parental waivers in the last few years. The same issue arises when it comes to a non-signing spouse in a situation where the signing spouse is severely injured or died. Many states have upheld the idea that a liability waiver signed by an individual has no impact on their spouse’s ability to sue in cases of severe disability or death. It’s important to understand this, so you know how a liability waiver will and will not protect your business.
In the end, it is far better for a business to have a liability waiver in place than to skip it, as it provides at least a layer of protection with no expense and very little effort. Also, by signing an agreement wherein they take responsibility for their own actions, customers may be a little more careful when taking part in recreational activities.
Every schoolchild has had experience with liability waivers. Those pieces of paper that students have to have signed by their parents before every field trip serve a very important function. They indemnify the school from legal responsibility, known as liability, in the event of an incident resulting in damages to the schoolchild. Liability waiver forms are everywhere. Whether shooting a movie or joining a climbing gym, businesses or otherwise legally responsible persons often use a liability waiver to communicate that participants are responsible for their own actions and the possible hazards associated with them.
Formally, a waiver or release of liability is a legal document in which a person or party voluntarily gives up a right in a contractual agreement . A waiver form has several components: activity, party information, release of liability type, participant information, emergency contacts, and whether the participant is a minor.
Liability waivers are specific to a particular activity, which must be clearly described within the form. This means that if a party causes damage through an action that is far outside the usual boundaries of the activity, then that party remains wholly liable for both the action and it’s consequences. For example, if a release of liability is signed for a student going on a field trip to the zoo and a teacher strikes that student while on the bus, then the teacher is the responsible party for any damage incurred, despite the release.
The party information concerns the person being released from liability and usually includes their name and address. It may also include contact information such as phone or email. The participant information concerns the person releasing the party of legal responsibility for the activity. It contains similar specific information as with the party. The release of liability type simply refers to whether the form has been made specifically for the occasion or if it is a universal template . The participant cannot sign away liability unless the party and activity are clearly and explicitly marked in the form. Many states require sections of the liability waiver to be written in conspicuous font so that it grabs the reader's attention.
By its nature, a liability waiver usually concerns a risky activity and therefore must also include at least one emergency contact for each participant. The name and phone number of the contact will always be identified on a waiver form. Some free liability waivers will identify the contact’s relationship to the participant. Some may include alternative contact methods such as additional phone numbers or an email address. Finally the liability waiver contains a clause pertaining to whether the participant is a minor. Minors do not have the legal right to relinquish their liability. That power falls to a parent or primary caretaker, known as a guardian.
by the FormSwift Editorial Team
April 19, 2017
For anyone who is in a managerial or supervisory position, it's crucial to have a thorough knowledge of legal protocols, regulations and protections covering employees and the workplace.
This overview covers the legal aspects of employment -- from basic employee/company communication to workplace conflicts and health issues.
According to a recent Gallup poll of 7,272 adults, one employee in two quit a job because of an unsatisfactory manager. When it comes to management/employee relationships, constant communication is key -- but this communication has to conform to professional protocols in order to make it work successfully.
In the Gallup poll referenced above, employees said that daily communication with their supervisors kept them more interested and motivated. Likewise, employees whose managers held regular staff meetings were three times more likely to be more fully engaged in their jobs.
Good managers imbue their staff with a feeling of team spirit; but within this team solidarity, each member should have a clear set of individual goals to contribute to the team's success.
Other tips for making employees feel like valued team players include:
• Giving immediate, constructive feedback on productivity and performance
• Asking open-ended questions that allow employees to answer honestly, without reservations
• Identifying and dealing with workplace issues that need resolution
• Giving weekly reviews to identify and assess each employee's goals/achievements
• Rewarding employees with perks such as time off and bonuses
• Establishing group recreational activities, such as social gatherings on Friday afternoons
Today's companies realize the importance of investing time in community outreach programs and local volunteer services. Toward this end, many businesses encourage employee volunteerism, and even pay staff members to volunteer for their favorite non-profit organizations during working hours. This creates a team spirit of altruism that has an enduring, positive effect on the work environment.
Treating employees fairly means more than just good treatment; it also involves factors such as these:
• Investing in each employee's development by allowing flexible work schedules or letting staff members occasionally work from home
• Ensuring that employee compensation and benefits are competitive with the current market
It's important for managers to regularly review and discuss with their employees the following company forms:
• Corporate bylaws: These should be reviewed regularly so that everyone has updated information concerning company policies, operational procedures and employee rights.
• Employee evaluation forms: These should be reviewed regularly so employees can better understand their job responsibilities.
• Performance Improvement Plan (PIP) forms: These provide individual employees with a personalized blueprint for success.
US equal opportunity laws include the following requirements:
• Employers cannot make hiring decisions based on a person's gender, religion, race, national original, age or disability.
• Employers cannot harass employees because they belong to any of these groups. Employees who feel they have been targeted can file discrimination charges with the US Equal Employment Opportunity Commission (EEOC). Small business with fewer than 15 employees, however, are typically not regulated by the EEOC.
• It is illegal to pay men and women different salaries for the same work and position.
Employers are legally required to provide the following amenities to their employees:
• Appropriate meal and rest breaks
• Overtime pay
• A safe working environment
• An employee handbook detailing codes of conduct so that employees can be aware of current policies and procedures, as well as their rights. In addition, employee contracts should be regularly reviewed, when necessary.
Employers also need to keep good records, as these will not only protect employees, but also protect the company in case of lawsuits. These records should include:
• Employee performance reviews
• Feedback gleaned from colleagues concerning a job candidate
• Updated policy changes
• Disciplinary actions and warnings
• Employee performance improvement plans
• Updated regulatory changes, such as overtime laws
Managers must stay up-to-date with employment laws, which vary from state to state. Even seemingly small infractions can result in heavy fines. The following practices can lead to trouble:
• Exempt employees are paid the same amount, no matter how many hours they work per week. These employees might be exempt from overtime requirements, as well as meal/ rest breaks.
• Non-exempt employees are paid per hour, and are subject to overtime requirements, as well as meal/rest breaks.
Some states require that meal breaks must be given at certain times, making it illegal for employees to skip lunch and leave early. Managers should contact their State Labor Office for clarification.
Independent contractors are not eligible for insurance benefits, workers' comp and disability benefits. Employees who are wrongly classified as independent contractors are prohibited from getting the benefits that they're entitled to have.
• This training is required by law in California, Connecticut and Maine, and advised in other states.
• Harassment/discrimination training can protect both employees and companies from lawsuits.
In most states, employers aren't allowed to deduct anything from employee paychecks except for pay and benefits. If employees are granted a loan, they can sign a promissory note detailing a repayment schedule.
Many employers require employees to sign non-compete agreements. This protects intellectual property, client lists and company information, and prohibits employees from working for competitors. This practice, however, is illegal in some states.
A workplace investigation may become necessary due to the following issues:
• Attitude problems
• Discrimination/harassment complaints
• Vandalism/sabotage
• Work rule violations
• Threats against others
• Workplace theft
• Safety/security problems
Federal and state laws require certain workplace investigations, so check with the State Labor Office to learn about these. They typically involve:
• Job discrimination laws
• Drug-free workplace laws
• Background/credit checks
• Health/safety laws
In order not to breach privacy laws, managers need to be aware of their legal limitations during investigations.
These should only be accessed by staff members for a job-related purpose, and all information should be considered confidential. Employee information should be broken down into multiple files to prevent theft. Protected employee personnel files include the following:
• General personnel file
• I9 records
• Medical file
• Safety file
• Grievance/investigation records
Employees should expect privacy in their workspace, but need to be informed if there are areas (such as lockers and desks) that are legally liable to searches.
Drug testing laws differ by state, but pre-employment drug testing is typically implemented, as is testing under conditions of "reasonable suspicion." Drug testing policies should be explained to employees beforehand, and results should always be kept confidential.
Upon hiring, managers should discuss privacy policy forms with employees, as well as necessary employee tax forms, including W9 forms.
According to studies, these are the most common workplace injuries:
• Overexertion injuries: For US businesses, these represent a cost of $15.1 billion annually.
• Fall/slip/trip injuries: These are the second most common injuries, but can often be prevented.
• Vehicular accidents: These refer to accidents when employees are driving for business reasons.
• Repetitive motion injuries: These include carpal tunnel syndrome from continuous typing, and back problems from heavy lifting.
• Machine entanglement: These happen when clothes, shoes, hair or fingers are caught in equipment.
Whether it's workplace-related or not, when an employee is injured it's imperative to act quickly by following these steps:
• Seek immediate medical attention: This not only saves the health (or even life) of an employee; it can also save the company from lawsuits. In many cases, failure to provide immediate medical attention is against the law.
• File an injury report: It's a company's duty to provide injured employees with a claim form upon request. Be sure to document the injury, take statements from witnesses, take photos and add comments. This protects both the employee and the company.
• Cooperate with the company's workers' compensation insurance firm: This will require filling out documents and providing records of the accident.
• Welcome the employee back after recovery: Employees cannot be fired or penalized for filing a workers' comp claim or for being injured on the job.
Before employment, many companies also require new hires to sign an indemnity agreement that fully explains company liability and employee responsibility in cases of injury and illness.
• Injuries that occur off-site during employee lunch breaks are typically not covered by workers' comp. If an employee is injured while picking up lunch for a boss, however, then coverage might be applicable.
• If an employee is injured on site in a company cafeteria, this injury might be covered by workers' comp.
• Injuries sustained during company events such as baseball games, parties and picnics are typically covered by worker's compensation.
• During company events, ask employees to sign a release of liability form if they decide to participate in a sport or activity that could cause injury, as this can protect the company from a lawsuit.
Injuries sustained when an employee is doing something against company rules (even if it's an illegal action) can still be covered by workers' compensation; it depends upon the level of misconduct. It's important, however, to explain company rules to employees so that they understand what is and isn't allowed during working hours.
Companies can mitigate the risk of workplace injuries by taking these steps:
• Screening new hires for health issues and their ability to perform tasks: By doing this, companies can identify potential problems that might keep an employee from being fully productive.
• Investing in employee care/safety education: By providing safety training and wellness education, companies can decrease the risk of employee injuries and illnesses.
• Providing protective gear and resources: Companies are required to provide protective gear such as hard hats, face protection, earplugs, gloves and other resources when necessary.
• Replacing outdated equipment: It's imperative to replace faulty or outdated equipment that could potentially cause injuries.
• Upholding strict safety regulations: It's a manager's responsibility to post strict safety regulations, as well as monitor the workplace to ensure that these regulations are being followed.
By communicating openly with employees, providing a fair and ethical workplace, providing resources for employee well-being and staying on top of state and federal laws, managers can rest assured that they're doing everything they can to legally protect not only their employees, but also their company. In addition, employees who feel valued and are well-treated and protected will not only stay with the company longer, but will also be more productive in their jobs.
Source List
1. http://www.gallup.com/businessjournal/182321/employees-lot-managers.aspx
2. https://www.entrepreneur.com/article/282895
4. https://www.sba.gov/blogs/10-ways-your-small-business-may-be-breaking-employment-laws
5. https://www.dol.gov/whd/contacts/state_of.htm
6.http://www.twc.state.tx.us/news/efte/workplace_investigations_basics.html
7. http://www.inc.com/samuel-edwards/how-employers-should-respond-to-workplace-injuries.html
8. http://www.nolo.com/legal-encyclopedia/workers-compensation-injury-or-illness-32964.html
