Liability Waiver

Everything you need to know about getting a Liability Waiver on Goodlawyer: pricing, scope of work, benefits, and frequently asked questions.

  1. What is a Liability Waiver?
  2. Who is it for?
  3. Pricing and Scope
  4. What is the Process?
  5. How will my business use a Liability Waiver
  6. What risks will this protect my business from?
  7. Frequently Asked Questions
  8. Book a Liability Waiver

 


What is a Liability Waiver

A Liability Waiver is a legal document that exempts one party from the risk of legal liability in the event that the signee is injured or otherwise suffers damages from participating in an activity, visiting a venue, or attending an event.

Liability Waivers are used to warn participants that there will be risks involved with an activity and to demonstrate that the participant is accepting that risk by signing the waiver and participating anyway. Liability Waivers provide a strong defense if an accident occurs while a participant is engaged in an activity facilitated by the business, as the agreement releases the business from liability and waives the injured party’s right to claim any damages. 

Liability Waivers are used in a variety of business settings, including recreational activities (you need to sign a Liability Waiver to play in a soccer league), accessing a gym (you may have signed a Liability Waiver when buying a gym membership), or attending a music concert.

Who is this service for?

This service is for companies that facilitate activities or events, or allow visitors and clients to access the Company’s facilities or premises where there’s an associated risk of injury or damage.

Pricing and Scope

Liability Waivers can vary drastically, which means the complexity of the Liability Waivers and therefore the price varies as well. At Goodlawyer, part of our mission is to always provide upfront fixed prices for legal services, so we've created a basic and complex Liability Waiver to give business owners more choice and more control.

 

Basic ($360 + Tax)

$300 legal fee + $60 service fee

Suitable for:

  • Companies facilitating low to medium liability risk activities in a single Canadian province.

Includes:

  1. Client intake meeting
    1. Includes a risk assessment and recommendation from the lawyer on whether to pursue basic or complex based on the risk profile for the business or activity.
  2. A single, paper-based waiver (not suitable for electronic execution or web-form)
  3. Canada-based transaction with customization for one Canadian provincial jurisdiction
    1. Release given by a Canadian individual in favour of a Canadian business;
    2. Transaction takes place in a single Canadian jurisdiction (i.e. not suitable for multiple provinces).
  4. Low to medium customization to address client-specific situations/risks
    1. Customization does not directly address any industry-specific laws.
  5. Inclusion of public health emergency provisions (i.e. COVID-19 provisions)
    1. Provide for protection from liability in case of exposure to infectious disease during an epidemic/pandemic or other public health emergencies.
    2. Inclusion of assumption of risk regarding hazards of the particular infectious disease and risks of contracting the disease from engaging in the activity.
  6. Inclusion of certain client-specific “standard” provisions
    1. Lawyer to limit customization and inclusion of relevant PL "standard" provisions within low to medium customization threshold:
      1. Basic indemnity;
      2. Basic image rights release.
    2. Where customization efforts exceed medium threshold, the Liability Waiver moves to Complex Tier.
  7. One round of minor revisions

Where customization efforts exceed the "basic" threshold, the Liability Waiver moves to the Complex tier outlined below.

Complex ($720 + Tax)

$600 legal fee + $120 service fee

Suitable for:

  • Companies facilitating medium to high liability risk activities, or those operating in multiple Canadian provinces.

Includes all service elements from the Basic Tier. Inclusion of any of the below criteria will make a matter 'complex':

  1. Web-based waiver execution.
  2. Canada-based transaction with customization for multiple Canadian provincial jurisdictions
    1. Release given by a Canadian individual in favour of a Canadian business
    2. Transaction takes place in multiple Canadian jurisdictions
  3. The Company/Client offers its product, service or activity to minors
    1. Customization directly addresses industry/activity specific laws (as applicable)
  4. Medium to high customization to address client-specific situation/risk
    1. Customization directly addresses industry/activity specific laws (as applicable)
  5. Inclusion of comprehensive indemnification provisions
    1. Scope could vary - full indemnification, or only indemnify if loss occurs as result of participant's negligence/recklessness.
  6. Inclusion of certain client specific "standard" provisions.
    1. Examples include:
      1. Representations/covenants that the participant is in the proper physical condition to participate in the activity; 
      2. Extensive image rights release.
    2. Where customization efforts exceed the high threshold, the Liability Waiver moves to Custom Tier.

Where customization efforts exceed the “complex” threshold, a custom price quotation is suitable. Your lawyer will always seek your approval on custom quotes before proceeding — no surprises.

 

Other Considerations

  • If you are already using a Liability Waiver but want to ensure it’s meeting your business’s needs? Book a contract review with a Goodlawyer at $25 per page to have your Liability Waiver assessed.
 

What is the process?

  1. Book a call: Pick a time to discuss your Release of Liability and Waiver of Claims with a Good Lawyer. They'll help you determine if you need a Basic or Complex agreement.
  2. Design your Document: You’ll have a call with your Good Lawyer to help them understand your business so they can draft a Release of Liability and Waiver of Claims that adequately protects your business.
  3. Receive your Document: You will receive a copy of the Release of Liability and Waiver of Claims, ready for use.


How will my business use a Liability Waiver?

Limit your liability in case of an accident.

The main purpose of a Liability Waiver is to prevent your business from being sued in case of an accident, as the signee has acknowledged the risks of participating but has agreed to waive their right to claim damages. Without a Liability Waiver, your business can much more easily be found liable for any accidents or injuries that occur during the course of events or activities facilitated by your business.  

Ensure your customers understand any risks.

An enforceable Liability Waiver clearly outlines risks associated with participating in an activity or attending a venue or event so that participants can understand the risks before they agree to participate. They help ensure all participants or customers are properly informed before they waive their right to claim damages against your business in case of any accidents. 

Appear professional.

Liability Waivers are standard in many industries. Not having a credible Liability Waiver can make your business seem less prepared, and even less interested, in dealing with safety-related issues.

 


What risks will this protect my business from?

Ensure your Liability Waiver is actually enforceable.

Not all Liability Waivers are created equal. In the event that someone does try to sue your business, you want to make sure your Liability Waiver is rock-solid and actually enforceable in court. Using a professionally-drafted Liability Waiver that is tailored to your specific business activities, industry, and geographic location will help protect your business and limit liability in the event that someone attempts to claim damages.

 


Frequently Asked Questions

Can I still get sued even if I am using a Liability Waiver?

Unfortunately, yes. In determining enforceability of a Liability Waiver, Courts consider factors such as if the signee fully understood the Waiver before they signed it, if it appears one party was taken advantage of, or if the Waiver is too general. This is why it is essential to use a professionally drafted Liability Waiver specific to your business. Additionally, a business may still be found liable for damages caused by gross negligence or willful misconduct, even with a Liability Waiver in place. 

Is a Liability Waiver the same as a Release Agreement?

No. A Liability Waiver is signed before an activity or event and one party waives their right to pursue legal action in the case of damages. Release Agreements are used after an incident occurs and involve compensation for the damaged party. Release Agreements are used in a variety of contexts, including accidents involving personal injury or property damage, but also in employment or business contexts. Your Good Lawyer will be able to help you determine if a Liability Waiver or Release Agreement is more suitable for your business needs.

Liability Waiver the same as an Indemnity Agreement?

No. While they appear similar in concept, they are not the same document at all. A Liability Waiver has one party give up their rights to pursue legal action against the other party. An Indemnity Agreement is an undertaking by one party to reimburse a second party for certain costs or liabilities, thereby protecting that second party from liability. For example, if you are hosting a party in a farmer’s barn, the farmer might want an Indemnity Agreement that transfers their legal liability for any accidents to you in case someone gets injured or tries to pursue legal action against the farmer. Your Good Lawyer will help you determine which type of agreement is most suitable for your situation. 

Do I need a lawyer in my province for a Liability Waiver?

Generally, no. If you are looking for an employment-related Liability Waiver, it might be best to talk to a lawyer in your province. If you book an out-of-province lawyer that determines you need someone with local expertise, Goodlawyer can set you up with a local lawyer ready to help.


"Being able to access legal guidance with ease and clarity - an experience that can be intimidating at times - is tremendously helpful when you are a new entrepreneur. Thank you to the team at Goodlawyer for making this possible."

Delna, June 2021 — 5-Star Google Review


 

Are you ready to start protecting your business?

Book a Liability Waiver

 

Your lawyer will assess your situation and make recommendations on which complexity tier you should consider accordingly. 

Still have some questions?

Book a free Legal Concierge™ service