What You Need To Know About a Waiver of Liability Form In Indiana

If you want to join a recreational sports team, go ice skating, take a float trip down a river, or participate in any activity with an element of risk, you may be asked to sign a liability waiver.

Waiver of liability is a part of doing business for companies and organizations that allow customers to engage in potentially dangerous activities on their premises. This form is a legal document that protects an individual or organization from legal responsibility for injury, damage, or loss that foreseeably may occur during activities or the use of equipment or facilities.

They’re used in various circumstances, not just in activities involving physical risks but also financial and property risks. For example, universities might require a property damage waiver of liability form for students using on-campus storage facilities.

In most cases, the waiver will be legally binding once the customer signs but only if the language in the agreement is clear, concise, and specific enough to hold up in court.

Common Terms Used For Release Of Liability Forms

There are many ways to say “release or waiver of liability form,” so we’ve given a short list of examples:

  • Waiver of  Liability
  • Liability Waiver Form 
  • Injury Waiver Form
  • General Liability Release 
  • Hold Harmless Agreement
  • Legal Release
  • Exculpatory Agreement 
  • Exoneration from Responsibility
  • Exemption of Liability
  • Liability Exemption
  • Discharge of Liabilities 
  • Conditional and Unconditional Waiver Form
  • General Release of Liability Waiver

Waiver May Not Always Be Upheld

Liability waivers are not always enforceable. While you may think that a liability waiver means no one can sue, that’s far from true. Liability waivers do not protect businesses  from all types of lawsuits; some courts will find them unenforceable in certain circumstances.

Even though waivers can’t eliminate the risk of lawsuits arising from accidents,, they provide a strong defense for businesses in court.  If you are asked to sign a waiver as condition of utilizing a particular business, use caution; you may regret signing the waiver after an injury.

Liability waivers also don’t apply to minors under 18 unless they have their parents’ permission or adult supervision while participating in activities at your business (more on this later).

Can I Still Sue For Personal Injury If I’ve Signed A Liability Waiver?

The short answer to this question is that you can still seek damage recovery even if you have signed a liability waiver. It makes things more difficult for your case, but there are many circumstances where you still have a strong chance even if you sign a form. 

Three of the most common occurrences of waivers being unenforceable are for gross negligence, reckless conduct, or intentional conduct.For example, a waiver at a haunted house attraction that would permit a haunted house employee to intentionally murder a customer would be deemed to be null and void as against public policy because intentional acts cannot be waived.

When Is It Okay To Sign A Waiver Of Liability Form?

Signing liability waivers is pretty common. If you want to participate in fun activities with physical components, you will probably be asked to sign one. Make sure that you only sign a liability waiver before you have been injured. Contact an attorney immediately if anyone attempts to make you sign a liability waiver or any papers after your injury.

Components of a Liability Waiver Form:

  • The names and addresses of both parties
  • A list of definitions for legal terms within the contract to eliminate ambiguity
  • An specific explanation of the risks associated with the activity
  • A description of what is to be done during the activity
  • A description of the potential risk of injury from participating in this activity, including any inherent dangers and hazards
  • An explicit statement that you waive all rights to pursue legal action against everyone involved with running this event if you are injured because of your participation (or lack thereof) and agree to take full responsibility for any damages resulting from injuries incurred while enjoying this event at your own risk
  • Signatures for both parties where they can sign and date the form. Some forms may also require a witness’ signature or a notary acknowledgment.

Our Expert Attorneys Are Here To Help 

If you signed a waiver but want to determine if you still have a case, our attorneys at Tuley Law Firm can help you navigate your options.  

Fill out the contact form on our website or call (812) 625-2113 to reach one of our attorneys and learn more about the compensation you may be eligible for.