Need customers to waive liability before entering or signing up? Let us help mitigate liability with waivers designed to protect your business interested while ensuring transparency and fairness in user interactions.

What is a waiver and why does my business need one?

A waiver is a legal document in which one party voluntarily relinquishes a right or claim against another party. It’s crucial for businesses engaging in activities that could pose risk of injury or disputes. By having customers sign a waiver, your business can mitigate (but of course, not completely prevent) liability risks, reducing the potential for costly legal battles.

What should be included in a waiver form?

A strong waiver form should clearly outline the risks involved in the activity, state that the participant agrees to undertake those risks, and explicitly relinquish the right to sue in the event of injury or other damages. Ideally, it should be as simple and understandable as possible to non-lawyers and tailored to the specific context of your business activities.

Are waivers legally binding?

Yes, waivers are legally binding if crafted correctly, though it’s important to note there is always legal risk to physically risky activities. Waviers can help, but they cannot eliminate all risk. A good waiver should be clearly written, signed voluntarily, and both parties must fully understand the terms. For the waiver to be enforceable, it must not include any provisions that violate public policy or laws. For example, you generally cannot waive “gross negligence” or “willful misconduct,” as it violates public policy. So while you want to steer clear of unenforceable terms such as that, other terms are enforceable

Let's Work Together. (Really, we want to!)

When setting up your company or preparing business agreements, a well-practiced Virginia business lawyer could help save you from future headaches and costly litigation.

The legal professionals at our firm use our Handshake Portal to help get you started in the right direction for your contractual needs without the complicated legal jargon. To help minimize your legal costs, we provide these services at a fixed fee rate. Contact us today to schedule a consultation and get started.