Free Liability Waiver Template

LIABILITY WAIVER, RELEASE AND ASSUMPTION OF RISK AGREEMENT This Liability Waiver, Release and Assumption of Risk Agreement (the “Waiver”) is entered into as of [Effective Date] (the “Effective Date”), BETWEEN: [Provider Name], with a principal place of business at [Provider Address] (the “Provider”); AND [Participant Name], residing at [Participant Address], date of birth [Participant Date of Birth] (the “Participant”). The Provider and the Participant may be referred to individually as a “Party” and collectively as the “Parties.” 1. ACTIVITY DESCRIPTION The Participant wishes to take part in the following activity: [Activity Description] (the “Activity”), held at [Activity Location] during [Activity Dates or Membership Period]. The Activity includes use of the Provider’s facilities, equipment, instruction and supervision, and any warm-up, training, practice or related activities on the premises. 2. VOLUNTARY PARTICIPATION The Participant confirms that participation is voluntary and that the Participant may stop participating at any time. The Participant has had the opportunity to ask questions about the Activity and has received answers that the Participant considers sufficient. 3. ASSUMPTION OF RISKS The Participant understands that the Activity involves inherent risks that cannot be fully eliminated, even when reasonable care is taken. These risks include, without limitation: [Specific Risks of the Activity]; slips, trips and falls; muscle strains, sprains and fractures; contact with other participants or equipment; overexertion; and, in rare cases, serious injury, permanent disability or death. The Participant knowingly and voluntarily assumes these inherent risks. 4. PARTICIPANT RESPONSIBILITIES The Participant agrees to follow the Provider’s rules and instructions, including: [Rules or Safety Instructions]. The Participant will use required protective equipment, stay within the Participant’s own ability level, inform staff of any unsafe condition, and stop immediately if the Participant feels unwell or unsafe. 5. RELEASE AND WAIVER OF CLAIMS To the fullest extent permitted by applicable law, the Participant releases, waives and discharges the Provider and its owners, employees, instructors, contractors and volunteers (the “Released Parties”) from claims for personal injury, illness, property damage or loss arising out of or related to the Activity, including claims based on the ordinary negligence of the Released Parties where such a release is permitted by law. 6. LIMITS OF THIS RELEASE Nothing in this Waiver releases, waives or limits liability for gross negligence, recklessness, willful or intentional misconduct, fraud, or any other liability that cannot be excluded or limited under applicable law, including consumer protection laws. This Waiver does not affect any statutory rights of the Participant that cannot be waived by contract. 7. MEDICAL FITNESS AND CONSENT TO TREATMENT (a) Fitness to Participate. The Participant confirms that, to the Participant’s knowledge, the Participant is physically and mentally able to take part in the Activity and has consulted a physician where appropriate. (b) Disclosed Conditions. Known medical conditions, injuries, medications or allergies: [Known Medical Conditions or Allergies]. (c) Emergency Treatment. In an emergency, the Participant authorizes the Provider to arrange first aid and to contact emergency services and the following emergency contact: [Emergency Contact Name and Phone]. The Participant is responsible for the cost of any medical treatment received, except as otherwise required by law. 8. EQUIPMENT AND PERSONAL PROPERTY If the Activity includes rented or borrowed equipment, the Participant will inspect it before use, report any defect immediately, use it only as instructed and return it in the same condition, normal wear excepted. The Provider is not responsible for lost or stolen personal belongings, except as required by law. 9. PHOTO AND VIDEO CONSENT (OPTIONAL) Please mark one option and initial: ☐ I consent to the Provider taking photos or video of me during the Activity and using them for: [Permitted Media Uses]. ☐ I do not consent to photos or video of me being used. Initials: __________ The Participant may withdraw consent in writing for future uses at any time. Refusing consent does not affect the right to participate. 10. MINOR PARTICIPANTS If the Participant is under [Age of Majority] years of age, a parent or legal guardian must sign below. The parent or legal guardian confirms that they have read this Waiver, consent to the minor’s participation and emergency treatment, and accept its terms on the minor’s behalf to the extent permitted by law. In some jurisdictions a parent cannot waive a minor’s own claims; in that case this Waiver operates as an acknowledgment of risks and a consent to participate. 11. GOVERNING LAW AND DISPUTES This Waiver is governed by the laws of [Governing Law / Jurisdiction], without regard to conflict-of-law principles. Disputes arising out of or relating to this Waiver will be resolved in the courts located in [Governing Law / Jurisdiction], unless the Parties agree in writing to mediation first or mandatory law provides otherwise. 12. GENERAL PROVISIONS (a) Entire Agreement. This Waiver constitutes the entire agreement between the Parties concerning its subject matter and supersedes prior statements on that subject. (b) Amendments. Modifications must be in writing and signed by both Parties. (c) Severability. If any provision is held unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will remain in effect. (d) Duration. This Waiver applies to every session of the Activity during [Activity Dates or Membership Period]. (e) Counterparts and Electronic Signatures. This Waiver may be executed in counterparts, including electronic signatures, each of which will be deemed an original. 13. ACKNOWLEDGMENT BY SIGNING BELOW, THE PARTICIPANT CONFIRMS THAT THE PARTICIPANT HAS READ THIS WAIVER, UNDERSTANDS THAT IT AFFECTS LEGAL RIGHTS, HAS HAD THE OPPORTUNITY TO SEEK INDEPENDENT ADVICE, AND SIGNS IT VOLUNTARILY. ACTIVITY PROVIDER Name: [Provider Name] Signature: _______________________________ Name of Signatory: _______________________ Title: ___________________________________ Date: ____________________________________ PARTICIPANT Name: [Participant Name] Signature: _______________________________ Date: ____________________________________ PARENT OR LEGAL GUARDIAN (required if the Participant is a minor) Name: [Parent or Guardian Name] Relationship to Minor: [Relationship to Minor] Signature: _______________________________ Date: ____________________________________