Source: Robin Roth, Senior Contracts Editor
E-Specs: November 16, 2004

The popularity of reality TV and the quest for physical fitness are spilling over to meetings and conventions, where the traditional golf tournament is supplanted or even replaced by white water rafting, hot air ballooning, horseback riding or wave-running. Team-building activities such as team Olympics are more active and competitive. A downside of this fondness for the adrenaline rush is the increasing litigiousness of our society. The waiver of liability can be a very helpful tool in preventing lawsuits.

Every participant should be required to sign a waiver of liability for any kind of activity in which he or she chooses to engage. Even seemingly benign activities like a nature walk or catamaran cruise can carry risks (a sprained ankle or heat stroke). The waiver will transfer risk to the one who voluntarily decides to participate. In signing, the attendee releases the group from all liability and gives up the right to sue, in exchange for the right to engage in the activity.

Properly worded waivers are legally enforceable contracts, in general. The language should be as specific as possible - specific to the event, the potential dangers, and the potential claims that are being waived. Signatures need to be gathered close to the event and not months ahead, but neither should the paper be thrust out for signature the moment before the boat leaves the dock. Attendees need to know and understand the risks and what they are signing. A suggested timeline is that notice be sent in the registration materials that a waiver will be required and the actual document signed upon arrival at the meeting. A parent must sign for children under 18. All participants should be required to sign: no signature, no participation.

The waiver of liability should be just one piece in your overall plan for avoiding liability for risky activities. You also need to avoid risk in the first place by properly researching the suppliers (hire experts) and transferring the risk to the suppliers through their insurance, indemnification and hold harmless agreements. A comprehensive and tight contract with each supplier will be required. For risks that you do assume, be sure that you have carefully considered all possibilities (properly plan for everyone's safety). Lastly, be sure your liability insurance is adequate.

(Note: This information is not intended to be "legal advice." A qualified attorney should be consulted to review all contract issues.)