Release and Waiver of Liability (Dangerous Activity or Contagious Disease)

by Practical Law Commercial Transactions

A release of liability (commonly referred to as a liability waiver or exculpatory agreement) given by an individual in favor of a service provider or other company providing access to an activity. This liability waiver is intended to protect the company against liability for claims of illness, injury, or death resulting from the customer participating in a potentially dangerous or hazardous activity or being exposed to contagious or infectious diseases during an epidemic, pandemic (such as COVID-19), or other public health emergency. It contains a waiver of potential claims, covenant not to sue, and an acknowledgment of assumption of risk, as well as an optional indemnification. This Standard Document has integrated notes with important explanations and drafting tips.