Protect You and Your Business: How to Create A Liability Release Form

Your tour and activity company is going to welcome a wide variety of guests to enjoy your experiences, and safety is likely one of your top priorities. Despite your best efforts, there is a chance that someone may get inadvertently injured while participating in a tour or activity. This is why it is critical that you draft a liability release form, and require your patrons to sign it prior to embarking on their tour.

Here’s the steps you need to take in order to create an actionable and effective liability release form:

Select the Right Disclaimer for Your Business

There are two types of disclaimers to consider:

• Third party disclaimer — Most tour and activity companies opt to utilize a third party disclaimer. The disclaimer identifies the fact that the patron is opting to participate in the activity and that the company will provide the services paid for by the guest. However, the disclaimer also states that the company is not responsible for injury, property damage or theft that occurs throughout the experience.
• Agent negligence disclaimer — This is a challenging disclaimer to write, and is not the best option for tour and activity operators. It requires significant legal expertise to finalize the draft, and there are several requirements that must be included in this type of disclaimer.

Consider Forms from Industry Trade Associations

Depending on the type of tours and activities that you offer, there may be a trade association available that you can join. In many cases, these trade associations have stock liability release forms available that their members can use. These waivers typically cover any issues that your tour and activity company may experience, and are an affordable way to implement a liability release form into your business plan.

Work with a Legal Professional to Draft the Form

In the event that you do not have access to an approved form from an industry trade association, you will want to hire a lawyer to help you draft the final liability release form for your tour and activity company. A legal professional knows what wording needs to be in place in order to make a form valid and enforceable. In most cases, an insurance company will require a legal form that is drafted by a professional. Lawyers often will recommend that tour and activity operators include information about the assumption of risk that the individual takes on by willingly participating in the tour as well as information about the fact that the company will not be held liable.

By creating a liability release form, you are protecting your business from significant legal costs and insurance claims. With an effective liability release form in place, your insurance costs will go down and you will not have to stress as much about what could possibly happen throughout the duration of your tours and activities.

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