Waivers: What you need to know before you find yourself legally protected

4 Aug 2016     |    Taz Bareham

Does my business need a waiver?

Waivers provide your customers with information about the risks associated with any tour that you offer and protects you from being held liable in the event of any unexpected circumstances. So, does your business need a waiver?

When a customer books one of your tours, you need to provide them with a copy of a waiver to sign before they participate in your tour. Not only does a waiver protect your business and your customers, in many countries, waivers are a legal requirement for your business to have. While most tours will operate without any problems, you still need to prepare for the worst. It’s better to be safe than sorry!

So to answer the question “Does my business need a waiver” in short, yes! Your tour and activity business needs to provide a waiver but there is a lot more you need to know.

What else do you need to know about waivers?

You should work with a legal professional in order to create a waiver for your business. Legal counsel will work with you in order to determine the specific language that needs to be present in your waiver in regards to the types of tours and activities that you offer. A legal professional will give you the guidance you need, and will help you feel confident in the waiver that you provide to your customers. Most importantly, when you hire a professional to help you complete your waiver, you will end the process with a valid document that is clear and enforceable.

For most tour and activity companies, a Third Party Disclaimer is recommended. A Third Party Disclaimer provides the customer with additional information about the activities, such as the fact that your company is simply providing travelers with a certain set of services. This disclaimer reminds the customer that your tour and activity company is not responsible for any theft of or damage to personal property, or personal injury that may occur while on the tour. This is the type of disclaimer that you will find on most waivers from other tour and activity companies.

Trade organizations can be used as a valuable resource when writing a waiver for your tour company. Trade organizations aim to provide tour and activity operators with the resources they need to run their business efficiently. If you are looking for samples of waivers that can be used for your business, you can start by contacting industry trade organizations. In many cases, they have standard waivers available that you can use for your business or that you can use for inspiration for the waiver you are drafting.

Waivers are not just a necessity for extreme tours or adventure activities — they are essential to any tour and activity company that invites customers to participate and enjoy their products. In order to make sure that you have a solid waiver that will protect your business completely, you should hire a professional to write the language.


Whether you’re a small business owner or a large business, waivers can seem overwhelming. Rezdy has recently partnered with Wherewolf, a digital waiver company, to give you 3 FREE months to use any of their plans. Using Wherewolf, you can digitally issue waivers before customers arrive, save the unnecessary paperwork and store data much easily. This risk-free offer finishes August 31st 2019 so make sure to use it while you can! Click HERE to read more about this offer.


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