Do Business Release Forms Protect You From Ever Being Sued?

Essentially, a business release form limits or eliminates your enterprise’s liability if a patron is injured on your property or as a result of your product/service. For example, if you owned an indoor skydiving business, you should probably have your customers sign a release form so your company isn’t liable if they are injured during their indoor skydiving experience. Depending on the language of your release form, your customer will assume all or part of liability in the event of an injury. However, does having a release form protect you from every being sued?

When Your Release Form Will Be Enforced

Your release form doesn’t protect your business from ever being sued, but it can significantly minimize the risk of lawsuit in relation to injury related to your services. A release form must meet these requirements to be enforced:

•The signer is legally responsible for his or her rights. The person who signs your release form must be legally able to release his or her rights. Some aging or disabled adults are legally in someone else’s charge and cannot release their rights.

•The release was signed before injury. You may have heard some businesses say don’t worry about signing the release form until “later.” Unfortunately for them, release forms are not retroactive, and you cannot obligate your customer to sign one after being injured. Before offering your services, make sure the release form is completed to cover your liabilities.

•There was no misconduct or negligence on your part. Make sure you are aware of all local, state and federal regulations regarding your services. Abide by these laws and be sure all your employees follow protocol precisely. Your form may be voided if you are found to be negligent or engage in misconduct.

•The form is complete. Before you file your release forms away, make sure every appropriate space is initialed, signed and filled. If your form is incomplete in anyway, your customers may be able to claim they were not properly informed of the risk or your form may be voided.

•You can find the signed release. Understand the statue of limitations connected to any risk of injury from your services. Be sure to keep your releases on file and easily accessible. A customer may not be sure until years after the injury takes place, and the form is only valid if you can produce it for the appropriate legal bodies.

When Your Release Form Will Not Be Enforced When

To cover your bases, you should understand the errors that will void your release form, such as the following:

•A minor signs the release form. Minors do not have the authority to legally release their rights. For a form to be valid for underage individuals, the parent or guardian must sign the form before injury occurs.

•The form has vacant blanks. Depending on your clients and/or services, you may find it helpful to use a generic release form with blank space left for applicable specifications. However, if these spaces are filled in after the injury occurs, the client can claim he or she did not agree to those terms.

•All safety procedures were followed on your part. In order for your release form to be enforceable, you must not be found negligent or involved in intentional misconduct. Make sure you and all employees thoroughly understand safety procedures and adhere to those policies.

•Your form transfers risk of injury to the signer. You need to make sure your form actually transfers responsibility for injury away from your company. If you have never written a release form, consider seeking legal counsel to ensure your document adequately protects your business.

A business release form is just one key to covering liabilities related to your business services. With a complete and thorough document, you can significantly limit your risk of injury-related lawsuits.

Legal Disclaimer

The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.