Release Form (Potentially Dangerous Activity) (California)This customisable Release Form is governed by California law and can be used by a property owner, sponsor or operator where people are participating in an activity that is potentially dangerous.
This customisable Release Form is governed by California law and can be used by a property owner, sponsor or operator where people are participating in an activity that is potentially dangerous. You must always seek professional advice to make sure this document meets your specific needs.
Other names for Release Form include:
Recreational Activity Waiver
What does this Recreational Activity Waiver Cover?
Details of recreational activity.
Acknowledgement of the associated risks.
Release of liability.
Indemnification and covenant not to sue.
Acceptance of terms.
Use this Recreational Activity Waiver If:
You want to protect your business from liability and potential lawsuits.
You want your customers to fully understand the risks of participating in your recreational activities.
You want to notify your customers of their legal rights when undertaking the activity.
What is the effect of this agreement?
Under this release form or waiver of liability the invitees may not sue the landowner and its employees and agents for injuries or property damage that they may sustain while on and using the owner's property or from participating in an activity.
The invitees acknowledge the risks associated with the use of the property and participation in an activity. Similarly, they waive the owner from any claims, including those based on ordinary negligence as a cause of action but not gross negligence, the invitee may have arising out of his or her use of the premises or participation in an activity.
This agreement further requires the invitees to provide the landowner and other released parties with indemnification for any loss or damage they may cause while on the property or while participating in an activity.
Can I make modifications?
Section 1 can be modified to address the circumstances in which the subject premises will be used by the invitees and additional provisions can be added for any specific concern the owner may have regarding potential liability from participation in the activity.
However, users should be wary of removing existing wording from the document as it has been drafted so as to be enforceable in a context where courts generally interpret such documents strictly.
What is a dangerous activity?
Potentially dangerous activities are those that carry inherent risks of potentially serious harm or injury. Many potentially dangerous activities are still enjoyed by participants. For instance, the invitee faces danger from participating in the activity, such as skiing or parachuting out of an airplane. In other cases, the risk is tied to one’s presence in a particular venue. By sitting in a stadium, fans sitting in the stands of a baseball game are at the risk of getting hit by a foul ball.
Although this document focuses on the activity, it references and seeks release and waiver for the property access as well, since access to the property and participation in the activity often go together. In other cases, a person may be injured on the property unrelated to the activity (i.e., someone may want to enjoy bungee jumping but may get hurt not from bungee jumping, but a passing car on the property instead).