People generally seem to understand the risk in sports. How do I know if I need a waiver?

Waivers are advisable wherever there is a heightened risk of injury. Sports carry heightened risks of injury in a way that other clubs or activities (such as chess or video games) do not. Waivers are agreements not to sue for negligence. Even if someone is injured in a manner common to that sport where they should have foreseen that risk, without a waiver, that lawsuit will likely not be dismissed in the early phases of litigation. Where a waiver is applicable and properly worded, the waiver allows the court to dismiss the case at the beginning saving you thousands of dollars in legal fees.

In practice, how does a waiver protect me and my business?

Pretend that an athlete is injured while practicing, training, or competing from a risk that is mentioned in their waiver. They hire an attorney and sue your business for negligent coaching/instruction. We would file a quick motion on your behalf attaching that athlete’s signed waiver where they promised (i.e. contracted) not to bring a lawsuit exactly like this one. Assuming no other complicating factors, the court should dismiss the case immediately.

If I am offering programs for youth sports, do I need to have parents sign a waiver for each of their children?

Waivers should be signed by a parent or legal guardian as well as the minor participant. Some states do not always enforce pre-injury waivers for minors so extra care should be taken to minimize the risk of injuries to minors and to respond quickly to any threatened lawsuits where a minor was injured.

If I have a contract that explains fees and also a waiver, is it okay to combine those into the same agreement?

They should be separate documents. Courts look more highly upon waivers that are separate from any pricing terms.

If I have the same youth that come back each year for sports leagues or camps, should I collect a new signed waiver each year?

Once a participant signs a waiver in a given year, the waiver does not need to be resigned each subsequent year. However, if the participant becomes involved in different activities with you not named in their first waiver, their waiver should be updated. As part of your onboarding process, it may be easier to simply have everyone sign a contract and a separate waiver each year whether they are a returning or new athlete. All previous waivers should be stored regardless of whether they have signed a new one.

Can I talk to an attorney without spending a lot of money?

An attorney should offer (and be excited about) speaking with you about your business free of charge. They should learn every aspect of your business including how you work with employees, independent contractors, and volunteers to make sure you are compliant with state and federal employment laws and are employing best practices. Waivers unique to your business should be drafted inexpensively along with contracts and basic business advice. All projects should, where possible, be budgeted for you in advance so there are no surprise legal bills.

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Calgary Cycling Club

People generally seem to understand the risk in sports. How do I know if I need a waiver?
Waivers are advisable wherever there is a heightened risk of injury. Sports carry heightened risks of injury in a way that other clubs or activities (such as chess or video games) do not.

Waivers are agreements not to sue for negligence. Even if someone is injured in a manner common to that sport where they should have foreseen that risk, without a waiver, that lawsuit will likely not be dismissed in the early phases of litigation. Where a waiver is applicable and properly worded, the waiver allows the court to dismiss the case at the beginning saving you thousands of dollars in legal fees.
In practice, how does a waiver protect me and my business?
Pretend that an athlete is injured while practicing, training, or competing from a risk that is mentioned in their waiver. They hire an attorney and sue your business for negligent coaching/instruction. We would file a quick motion on your behalf attaching that athlete’s signed waiver where they promised (i.e. contracted) not to bring a lawsuit exactly like this one. Assuming no other complicating factors, the court should dismiss the case immediately.
If I am offering programs for youth sports, do I need to have parents sign a waiver for each of their children?
Waivers should be signed by a parent or legal guardian as well as the minor participant. Some states do not always enforce pre-injury waivers for minors so extra care should be taken to minimize the risk of injuries to minors and to respond quickly to any threatened lawsuits where a minor was injured.
If I have a contract that explains fees and also a waiver, is it okay to combine those into the same agreement?
They should be separate documents. Courts look more highly upon waivers that are separate from any pricing terms.
If I have the same youth that come back each year for sports leagues or camps, should I collect a new signed waiver each year?
Once a participant signs a waiver in a given year, the waiver does not need to be resigned each subsequent year. However, if the participant becomes involved in different activities with you not named in their first waiver, their waiver should be updated. As part of your onboarding process, it may be easier to simply have everyone sign a contract and a separate waiver each year whether they are a returning or new athlete. All previous waivers should be stored regardless of whether they have signed a new one.
Can I talk to an attorney without spending a lot of money?
An attorney should offer (and be excited about) speaking with you about your business free of charge. They should learn every aspect of your business including how you work with employees, independent contractors, and volunteers to make sure you are compliant with state and federal employment laws and are employing best practices. Waivers unique to your business should be drafted inexpensively along with contracts and basic business advice. All projects should, where possible, be budgeted for you in advance so there are no surprise legal bills.

Max Goodman is a Partner at the law firm, SmithAmundsen, LLC headquartered in Chicago, Illinois. He is the Chair of SmithAmundsen’s Fitness & Wellness Services Group and a member of SmithAmundsen’s Commercial Litigation and Hospitality Practice Groups. For the Fitness & Wellness Services Group, Max represents businesses in the health, wellness, and fitness industries where he partners with business owners to deliver informed advice and counsel concerning business and legal needs. Contact Max at SmithAmundsen.

The information provided on this page is for informational purposes only, and the author and WaiverSign make no representation that the contents will effectively protect any legal rights or satisfy your legal obligations, including but not limited to personal or corporate liabilities. In order to protect your legal rights, you should consult an attorney. The resources herein, including all verbal and written content, are not provided as legal advice to you, and should not be relied on as such.

*Disclaimer: WaiverSign is a document management platform that allows users to create waivers and related documents and collect electronic signatures on those documents. Use of WaiverSign is subject to our Terms of Service. WaiverSign is not a legal service. No attorney-client relationship is established by using WaiverSign. Any content on our website or content provided in emails, videos or calls is not legal advice and should not be relied upon as such. WaiverSign is not responsible for the content of any documents created or edited by our employees or our users. It is the responsibility of the user to ensure that all document templates and the signing process comply with all applicable laws and regulations. To ensure your online waiver form is legally binding based on your location, industry, and specific circumstances, we strongly advise you to consult a legal professional.

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