Waiver And Release Of Liability For Personal Injury And Property Damage: Fill & Download for Free

No, they’re different things.Disclaimer is an advance WARNING before a problem arisesA disclaimer is a statement that repudiates possible claims, warranties or bequests if it arises later. In other words, it disavows or rejects liability and/or responsibility if some situation or condition arises.A movie may carry a disclaimer about the characters bearing no relation to living persons.A book may carry a disclaimer about the characters or story being completely fictitious (fake) so that the author can disavow legal liability if and when he is sued for defamation.An investment website may carry a disclaimer that all information presented is for reference only, not actual investment advice, and not a guarantee that investment performance will rise or fall.A lawyer’s online writing may carry a disclaimer that all information presented is general information for no particular purpose and doesn’t create a client/attorney relationship.Release of liability is a legal DOCUMENT after a problem has arisenA release of liability is a different matter. It is a legal document between two parties. One party (the releasor) promising not to sue the other party (the releasee) for past or future problems, damages or injuries.In short, it is a “liability waiver” form.Most ordinarily, the release of liability form is done when an accident (e.g. car wreck or property damage) has already occurred.The main purpose of the release of liability is this:— Instead of going through an expensive lawsuit, both parties agree to settle the dispute out of court. That settlement will contain the liability waiver form.Thanks for the A2A.

No. Just like you can’t receive damages from a baseball team if you are permanently brain damaged by a foul ball.Al sports leagues have ticketing rules which contain something called “assumption of risk.” If you are in the stands at a baseball game, it is assumed that a foul ball might hit you in the head. Foul balls going into the stands are part of the game. If you are court-side, it is assumed that you may get tangled up with a player going after the ball.Now, if the player purposefully spilled your beer, then you may have a case against the player. However, you would probably just be better off telling people the story about how an NBA player purposefully spilled your beer.Below is what is on the back of a Colorado Rockies baseball ticket in tiny print. I got it from their web site. Notice towards the bottom it says, “any personal injury (including death), property damage…” So if they are not taking responsibility for killing you, they definitely won’t for a spilled beer.“By use of this ticket and attendance at this game, Holder (on behalf of Holder and any minor accompanying Holder) acknowledges and assumes all risks and dangers incidental to the game, attendance at the game and the sport of baseball, whether occurring before, during or after the game, and whether in or around the ballpark, including, without limitation, any pre-game, in-game or post-game activities, any warm-ups or practices, any promotions, competitions or attractions, or any other related activities, whether such risk or danger occurs prior to, during or subsequent to any such game or activity, including specifically (but not exclusively) the danger of being injured by thrown or batted balls; thrown bats or fragments thereof; thrown equipment or pieces thereof; thrown, dropped or launched items and projectiles; other hazards or distractions; spectator conduct; and any incidents or accidents associated with crowds of people, and agrees that none of the Colorado Rockies, the MLB Entities, the participating clubs and any other Major League Baseball-related entities, or their respective past, present or future affiliates, owners, partners, officers, directors, employees, agents, players, managers, coaches, representatives, customers, purchasers, independent contractors, licensees, exhibitors, sponsors, vendors, volunteers, successors and assigns, or the Denver Metropolitan Major League Baseball Stadium District (the "Released Parties"), shall be responsible or liable for any personal injury (including death), property damage, or other loss suffered as a result of such risks or dangers and/or resulting from the negligence of any Released Party. BY ATTENDING THIS EVENT, HOLDER (ON BEHALF OF HOLDER AND ANY MINOR ACCOMPANYING HOLDER) IS DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES. IF HOLDER DOES NOT WISH TO OR IS NOT AUTHORIZED TO GRANT ALL THE RIGHTS, RELEASES AND WAIVERS SET FORTH IN THIS TICKET ON BEHALF OF ANY ACCOMPANIED MINOR(S), HOLDER SHOULD IMMEDIATELY ACCOMPANY THE MINOR(S) OUT OF THE BALLPARK.”The one for the Philadelphia 76ers basketball team is much shorter. However, they also will not take responsibility for killing someone.“THE HOLDER OF THIS TICKET VOLUNTARILY ASSUMES ALL RISK AND DANGER of personal injury (including death) and all hazards arising from, or related in any way to, the Event, whether occurring prior to, during, or after the Event, howsoever caused and whether by negligence or otherwise.”

As my credential says, “I’m not a lawyer.” Therefore, this is not legal advice. However . . .The document looks fairly good—certainly better than most people use—but I still see some weaknesses. See my comments.INDEPENDENT CONTRACTOR RELEASE, WAIVER OF LIABILITY AND COVENANT NOT TO SUEI fully understand that I have agreed to provide services, as an independent contractor, for David Loricchio. As an independent contractor, I understand that I am responsible for all related income/self-employment taxes for fees received from David Loricchio for services provided.The IRS has various tests to determine whether someone’s an independent contractor. See this. Just stating that someone is an independent contractor. For instance, if you dictate a schedule, tell someone how to do the work, provide tools or materials, pay business or travel expenses, and so on, those all are factors that could suggest that the person is not an independent contractor.In addition, I acknowledge that I am solely responsible for any medical or other costs arising out of any bodily injury or property damage sustained while providing services as an independent contractor.This is good, but you can’t force people to give up their rights. And there are situations in which you could be found liable for unsafe conditions even when using an independent contractor. I’d also remove “as an independent contractor.” You’ve already had him agree that he’s one. This actually can work against you. If it’s determined, for some reason, that he’s not an independent contractor, then this clause makes it clear that you are responsible. It’s saying that he’s responsible only so long as he’s acting as an independent contractor.I certify that I have adequate insurance coverage, including health and accident, for any injuries I may sustain while providing said services.Again, good. But rather than just asking for the person to “certify” that, you should ask to see evidence of insurance coverage. At least ask for his/her insurance agent, contact information, and policy number to verify that there is insurance coverage. I’d also change “adequate” to something specific. “Adequate” can mean different things to different people.I further covenant and agree that I will not sue David Loricchio for any claim for damages, for bodily injury or other, arising while performing services for David Loricchio as an independent contractor.I’m not sure this is legal. Rather, you may be able to require arbitration as a first step, or in place of a law suit. I also don’t know what “bodily injury or other” means. Specifically, “or other.”I certify that I am _____ years of age and suffering under no legal disabilities and that I have read the above carefully before signing.Check your phrasing: “legal disabilities” isn’t correct. Also, instead of “have read the above carefully” change it to “have read the above carefully and understand it.” Just reading something doesn’t mean that the person understands the meaning.Again, I’d urge you to consult with a lawyer.