How to Turn Your Waivers Into a Marketing Powerhouse with WaiverSign

Sustainability is more than just a trend. It is a responsibility. Businesses everywhere are looking for ways to cut waste, lower their carbon footprint, and operate more efficiently. One simple yet powerful step is switching to paperless waiver forms. Going digital not only makes business operations smoother but also helps protect the environment.

What Does a Waiver Actually Do?

A waiver, or release of liability, is intended to show that participants understand the risks of an activity and agree not to hold your business legally responsible in certain situations.

But while a waiver can help protect your company, it doesn’t cover everything. Waivers aren’t magic shields. They are part of a larger system of safety and responsibility.



If you're not sure whether your waiver is doing its job, take a look at What to Include in Your Liability Waiver, and When to Have More Than One.

Can Someone Still Sue Your Business?

The answer is: yes, they can. Just because someone signed a waiver doesn't mean your business is automatically off the hook.

Courts consider waivers carefully, and they don’t always hold up. Here are a few common reasons why a waiver might not protect your business:

• Gross negligence: If your company fails to follow basic safety practices or ignores serious risks, a court may find that the waiver doesn’t apply.
• Unclear or vague wording: If your waiver is confusing or doesn’t clearly outline the risks, it might not stand in court.
• Improper execution: If the waiver wasn’t signed properly, or if a minor signed it without a parent or guardian, it could be invalid.
• Illegal activity: Waivers don’t protect businesses that engage in unlawful behavior.



That’s why it’s critical to make sure your waiver is clearly written, easy to understand, and specific to your activities.

What Courts Look For in a Valid Waiver

When evaluating a waiver, courts typically ask questions like:

• Was the waiver easy to understand?
• Did the customer sign it voluntarily?
• Were specific risks clearly outlined?
• Was it signed before the activity?



If the answer is yes to most of these, your waiver stands a better chance. But it’s important to remember: this blog post is not legal advice. If you're dealing with an actual legal issue, speak to an attorney.

Waivers Help, But They Don't Replace Safety

Even the best waiver can't take the place of proper business practices. Your company still has a duty to:

• Maintain a safe environment: Clearly mark hazards or remove them entirely.
• Keep equipment in working condition: Perform regular checks and maintenance.
• Hire and train staff: Ensure your team knows their responsibilities and how to handle emergencies.
• Give clear instructions: Explain how to use equipment and follow safety procedures.

When a business falls short in these areas, it can put customers at serious risk, and it can weaken the legal protection that a waiver provides. A strong waiver helps, but it’s not a substitute for doing the right things behind the scenes. 

Document your safety procedures. Keep records of staff training and equipment checks. Encourage a culture of responsibility and safety. These actions not only keep your participants safe, but they also show the court that your business is acting in good faith if something ever does go wrong.



Waivers work best as part of a bigger risk management plan, not as a standalone fix.

Make Waivers Easy and Effective with WaiverSign

Creating effective waivers doesn’t have to be hard. With WaiverSign, your business can easily build custom waivers, collect signatures online, and keep everything organized.

With digital waiver software, you can:

• Let participants sign from any device
• Automatically store and organize signed forms
• Eliminate paper clutter and manual filing
• Update forms anytime without printing



Want to know more about the benefits of going paperless? Check out Benefits of Electronic Waivers.

Common Questions About Liability Waivers

Here are some of the most common questions businesses ask about liability waivers:

1. Are waivers legally binding?
In many cases, courts have found that waivers can be legally enforceable when they are properly written, clearly outline risks, and are signed voluntarily.

2. Can a minor sign a waiver?
In most states, a waiver signed only by a minor is not enforceable. A parent or legal guardian typically must sign on their behalf.

3. Can I be sued even if I have a signed waiver?
Yes. A signed waiver does not prevent someone from filing a lawsuit. However, a strong waiver may help your business defend itself in court.

4. Should I use a waiver template from the internet?
It's better to use a waiver tailored to your business and reviewed by a legal expert. Generic templates may not cover the specific risks involved in your services.

5. How often should I update my waiver?
You should update your waiver whenever you change your services, introduce new activities, or learn about new risks that should be disclosed.

6. What happens if someone refuses to sign a waiver?
In general, businesses may choose to deny participation to individuals who do not sign a waiver. However, be sure your policies comply with local laws or regulations.



7. Are electronic signatures valid for waivers?
Yes. Electronic signatures are legally valid in most cases and can even offer better tracking and storage than paper forms.

Still Have Questions About Online Waivers?

Want more answers about how liability waivers work and how to make them stronger? Visit our FAQs here.

Help Strengthen Your Business’s Risk Management Approach

At the end of the day, waivers are an essential part of protecting your company. But to be effective, they need to be well-written, easy to understand, and properly signed and stored.

Do what you can to protect your business and get your online waiver software!

With WaiverSign, creating effective waivers is easier than ever. You can quickly build, send, and manage digital waivers, release of liability forms, consent forms, permission slips, and more, all in one place.



See Pricing and Sign up for a free trial today!