Should I Use a Liability Waiver From a Template or Write My Own?

Searching for a free liability waiver form template? When it comes to protecting your guests and your business, you’ll want to be sure every detail is considered and covered. Your risk assessment is unique and so are your guest experiences – so it makes sense that your liability waiver will be too. 

 

When can you use a waiver template?

Whether you use a template or a custom form will depend a little on the circumstances. For example, if you’re looking for a general COVID-19 check-in solution, then a template such as our COVID-19 sample questionnaire could form a useful basis to help you assess and respond if guests are showing any symptoms. 

 

However – if you’re looking for a liability waiver form in Australia or elsewhere to protect your tourism business against legal action, it could be a very different story. While a waiver template could provide some helpful clauses and phrasing, you’ll ultimately want to be sure the specific risks for your business have been outlined correctly. This benefits both your guests and your business!  

 

Can you write your own waiver? 

It may be helpful to draft up a liability waiver form based on your business risk assessment, or to compile a list of important risks to cover – after all, no one knows your business as well as you do. However, it’s always a good idea to consult with your lawyer or legal advisor when putting together a liability waiver for your tours or activities. A liability waiver is essentially a contract between your business (as the activity provider) and your guest (as a participant in that activity). A lawyer can correctly draft the waiver’s terminology so that it’s clear, unambiguous and legally enforceable if a claim ever does arise. 

 

What are the limits of a liability waiver? 

Remember, a liability waiver typically can’t overrule the law or protect a business in a case of negligence. But where there are sporting activities or recreational activities that involve inherent risk, your waiver form may be able to limit your liability if a claim is made. 

 

Liability law can change across different countries and even across different states or territories. It’s for this reason we’d always recommend speaking with a reputable lawyer who specialises in the field. When you are ready to send out your online liability waiver to guests, Wherewolf offers the tools to make that process easy, professional and accurate. Read more about how we make digital liability waivers simple.

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