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Dangerous Activity Waiver for the United States

Dangerous Activity Waiver Template for United States

A Dangerous Activity Waiver is a legal document used in the United States to protect service providers from liability when offering activities that carry inherent risks. This document requires participants to acknowledge the risks involved and waive their right to sue for ordinary negligence. The specific requirements and enforceability vary by state, with some jurisdictions being more restrictive than others. The waiver must be clearly written, conspicuous, and comply with both state and federal regulations, including consumer protection laws and public policy considerations.

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What is a Dangerous Activity Waiver?

The Dangerous Activity Waiver serves as a critical risk management tool for businesses and organizations offering activities with inherent risks. This document is commonly used across the United States, though its enforceability varies by state jurisdiction. It typically includes detailed risk acknowledgments, liability releases, medical authorizations, and emergency procedures. While it cannot protect against gross negligence, it helps shield providers from claims of ordinary negligence. The document must be carefully drafted to comply with state-specific requirements, federal regulations, and industry standards, particularly when involving minors or high-risk activities.

What sections should be included in a Dangerous Activity Waiver?

1. Parties: Identification of the service provider and participant

2. Activity Description: Detailed description of the dangerous activity being undertaken

3. Risk Acknowledgment: Explicit acknowledgment of risks involved in the activity

4. Waiver and Release: Core waiver language releasing liability

5. Medical Authorization: Permission to seek emergency medical treatment if needed

6. Signature Block: Space for signatures, dates, and witness signatures if required

What sections are optional to include in a Dangerous Activity Waiver?

1. Photo/Video Release: Permission to use participant's image, used when activity might be photographed/recorded

2. Equipment Usage: Terms for equipment use, included when equipment is provided

3. Insurance Requirements: Participant insurance obligations, included for high-risk activities

4. COVID-19 Provisions: Specific virus-related waivers, included during health emergencies

What schedules should be included in a Dangerous Activity Waiver?

1. Safety Rules and Procedures: Detailed safety protocols and requirements

2. Medical Questionnaire: Health information form for risk assessment

3. Equipment Checklist: List of required/provided equipment

4. Emergency Contact Form: Contact information for emergencies

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Clauses























Industries

State-Specific Laws: Varying state requirements for liability waivers, including specific language requirements, limitations on what can be waived, and states with general hostility to liability waivers (e.g., Louisiana, Montana, and Virginia)

Federal Laws: Key federal regulations including Americans with Disabilities Act (ADA) compliance, consumer protection laws, and public policy considerations

Legal Doctrines: Fundamental legal principles including gross negligence (generally cannot be waived), ordinary negligence (generally can be waived), public policy exceptions, and unconscionability doctrine

Industry Regulations: Specific regulations pertaining to sports, recreation safety, adventure tourism guidelines, and state-specific activity regulations for activities like skydiving and rock climbing

Minor Protection Laws: Legal requirements regarding parental consent, limitations on waivers signed on behalf of minors, and state-specific rules about minors participating in dangerous activities

Contract Law Basics: Essential contract law elements including clear and unambiguous language requirements, consideration doctrine, capacity to contract, and conspicuousness requirements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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