Release of Liability (Waiver) Template

A liability waiver for an activity, a class or an equipment rental. Describe the activity, the equipment and its risks once in the project; each participant then signs a waiver of their own, with their name, contact details and emergency contact filled into every place they belong.

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A general template, not legal advice — review it before you use it. Draftmill is not a law firm.

Business (legal name)

Business entity (e.g., a Colorado limited liability company)

Business address

Business phone

Activity

Where the activity takes place

Equipment provided

Specific risks of the activity

Participant

Participant’s date of birth

Participant’s address

Participant’s phone

Medical conditions, allergies or medications the participant discloses

Emergency contact (name, relationship, phone)

Date signed

Governing law (state where the activity takes place)

Release of Liability, Assumption of Risk and Indemnity Agreement

PLEASE READ CAREFULLY. BY SIGNING THIS AGREEMENT YOU GIVE UP LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR INJURY OR DEATH CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.

Provider: Front Range Paddle Co. LLC, a Colorado limited liability company
Address: 2150 W. Prospect Road, Fort Collins, Colorado 80526 · Phone: (970) 555-0182

Participant: Jordan Ellis
Date of birth: May 14, 1991
Address: 811 Remington Street, Fort Collins, Colorado 80524
Phone: (970) 555-0139
Emergency contact: Taylor Ellis (spouse), (970) 555-0164

1. The Activity

In exchange for being allowed to take part in guided kayak tours, stand-up paddleboard lessons and the rental of kayaks and stand-up paddleboards offered by Provider at Horsetooth Reservoir, Larimer County, Colorado, and to use Provider’s equipment, including kayaks, stand-up paddleboards, paddles, leashes, personal flotation devices (life jackets) and dry bags (together, the “Activity”), the Participant agrees to the terms of this Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”). It applies on the date it is signed and every time the Participant takes part in the Activity with Provider during the following twelve (12) months.

2. Participant’s Fitness and Conduct

The Participant confirms that they are in good health and physically able to take part in the Activity safely, and that they have disclosed to Provider any medical condition, allergy or medication that could affect their safety: mild asthma; carries an inhaler. The Participant will follow the instructions of Provider’s staff and posted safety rules, wear the protective equipment Provider supplies or requires, including a life jacket where provided, stay within the areas and limits Provider sets, and will not take part under the influence of alcohol or drugs. Provider may refuse or end the Participant’s participation at any time for safety reasons.

3. Assumption of Risk

The Participant understands that the Activity involves risks of property damage, serious injury, illness, permanent disability and death. These risks include capsizing and falling into cold water, hypothermia and drowning; sudden changes in weather, wind and waves, and lightning; collisions with other boats, swimmers, rocks, docks and submerged objects; being separated from the group or carried away from shore; equipment that breaks or fails; strains, sprains, cuts and other injuries from paddling, lifting and launching equipment; and sunburn, dehydration and heat illness. Some risks cannot be eliminated without destroying the nature of the Activity, and others may be caused by the Participant, by other participants, by equipment, or by the ordinary negligence of the Released Parties (defined in Section 4), including in instruction, supervision, rescue, or the selection, inspection and maintenance of equipment.

THE PARTICIPANT HAS READ THIS DESCRIPTION OF THE RISKS, HAD THE OPPORTUNITY TO ASK QUESTIONS ABOUT THEM, AND KNOWINGLY AND VOLUNTARILY ASSUMES ALL OF THEM, KNOWN AND UNKNOWN.

4. Release and Waiver of Claims

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTICIPANT RELEASES, WAIVES AND AGREES NOT TO SUE PROVIDER AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, GUIDES, INSTRUCTORS, VOLUNTEERS AND AGENTS (THE “RELEASED PARTIES”) FOR ANY CLAIM FOR INJURY, ILLNESS, DEATH, OR LOSS OF OR DAMAGE TO PROPERTY ARISING OUT OF OR RELATED TO THE ACTIVITY, INCLUDING CLAIMS CAUSED BY THE ORDINARY NEGLIGENCE OF ANY OF THE RELEASED PARTIES.

This release binds the Participant and the Participant’s heirs, spouse, personal representatives and anyone else who could bring a claim on the Participant’s behalf or because of the Participant’s injury or death. It does not release claims for the gross negligence, recklessness, or willful or intentional misconduct of the Released Parties, or any other claim that the law does not allow to be released in advance.

5. Indemnity

To the extent permitted by law, the Participant will indemnify and hold harmless the Released Parties from claims, losses and expenses, including reasonable attorneys’ fees, (a) brought by anyone else and caused by the Participant’s own conduct during the Activity or breach of this Agreement, and (b) brought by or on behalf of the Participant, the Participant’s heirs or family members for a claim released in Section 4.

6. Use of Equipment

The Participant will inspect the equipment before use, report any defect or damage to Provider’s staff immediately and not use equipment that appears unsafe, and use the equipment only as instructed and within the area Provider designates. The Participant is responsible for the loss of, or damage beyond normal wear to, equipment in the Participant’s care, up to its reasonable repair or replacement cost, unless the loss or damage was caused by a defect or by the Released Parties.

7. Medical Authorization

The Participant authorizes Provider’s staff to give first aid and, if they consider it necessary, to obtain emergency medical treatment and transportation for the Participant, and to share the information in this Agreement with the persons providing it. The Participant is responsible for the cost of that treatment and transportation. Provider’s staff are not medical professionals unless they say so, and this authorization does not oblige them to provide medical care.

8. General Provisions

This Agreement is governed by the laws of the State of Colorado, and any lawsuit relating to the Activity will be brought in the courts of the county where the Activity takes place. It is intended to be as broad and inclusive as that law permits; if any part of it is held invalid or unenforceable, that part will be enforced to the extent permitted and the rest of the Agreement remains in effect. This Agreement is the entire agreement about its subject, and no oral statement by Provider’s staff changes it. The Participant confirms that they are at least 18 years old, or that their parent or legal guardian has also signed below.

Signature

I HAVE READ THIS AGREEMENT, I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND I SIGN IT VOLUNTARILY.

______________________________
Jordan Ellis, Participant
Date: October 11, 2026

Parent or Legal Guardian (required if the Participant is under 18)

I am the parent or legal guardian of the Participant named above. I have read this Agreement, I consent to the Participant taking part in the Activity, and I agree to its terms — including the assumption of risk, the release, the indemnity and the medical authorization — on my own behalf and, to the extent the law allows, on behalf of the Participant.

______________________________
Signature of parent or legal guardian

Printed name: ____________________
Relationship to the Participant: ____________________
Phone: ____________________
Date: ____________________

What it's for

A release of liability — usually called a waiver — is signed by a participant before an activity or before using equipment. The participant confirms that they understand the activity’s risks and accept them (assumption of risk), gives up the right to sue the business for injuries caused by its ordinary negligence (release), and agrees to cover claims that their own conduct causes (indemnity). It is standard for outdoor and adventure businesses, gyms and studios, rentals and events.

No federal law governs liability waivers; each state’s courts decide whether to enforce them, and the rules differ widely. Most states enforce a clear, conspicuous release of ordinary negligence that the participant signed voluntarily, and read it strictly against the business. None enforce a release of intentional misconduct, and most refuse to release gross negligence or recklessness. A few go further: Louisiana voids any advance release of liability for physical injury (Civil Code art. 2004), Virginia’s Supreme Court holds pre-injury releases of personal injury claims void (Hiett v. Lake Barcroft Community Ass’n, 1992), and New York voids them for pools, gyms and places of recreation that charge a fee (General Obligations Law § 5-326). Texas requires the release of the business’s own negligence to be stated expressly and conspicuously.

The template is pre-filled for a kayak and paddleboard outfitter, with the risks named specifically — a release that lists the actual risks of the activity holds up better than one in generic terms. The activity, location, equipment and risks belong to the project; each signed waiver keeps the participant’s own details, so one project collects every participant’s waiver for the season.

What it should include

the business and the participant, with the participant’s date of birth and an emergency contact
a specific description of the activity, the location and the equipment used
the specific risks of the activity, including that the business’s own negligence may cause injury
an express, conspicuous release of claims for ordinary negligence, with gross negligence and intentional misconduct carved out
the participant’s statement of fitness and promise to follow safety rules
an indemnity and an authorization for emergency medical treatment
governing law and a severability clause, so an unenforceable part does not take the rest with it
the participant’s signature, and a parent or guardian signature for a minor

How it works

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Frequently asked questions

Is a release of liability form legally binding?

In most states, yes, for injuries caused by the business’s ordinary negligence — provided the release is clear, specific and conspicuous, the participant signs it voluntarily, and the activity is not an essential public service (California’s Tunkl v. Regents of the University of California, 1963, is the classic test for that). Courts read waivers strictly against the business, so vague or hidden language fails: Texas, for example, requires the release of the business’s own negligence to be stated expressly and to stand out on the page (Dresser Industries v. Page Petroleum, 1993). A waiver never protects against intentional harm, and in most states not against gross negligence or recklessness.

Can a waiver protect a business from gross negligence?

Generally not. Courts in most states refuse to enforce an advance release of gross negligence, recklessness or willful misconduct as against public policy — the California Supreme Court so held for recreational programs in City of Santa Barbara v. Superior Court (2007) — and no state lets a business release intentional harm in advance. That is why this template expressly excludes those claims: a release that tries to cover them risks being struck down entirely, while one limited to ordinary negligence is enforced in most states.

Which states don’t enforce liability waivers?

Louisiana treats as null any clause that excludes liability in advance for causing physical injury (Civil Code art. 2004), and Virginia’s Supreme Court holds pre-injury releases of personal injury claims void (Hiett v. Lake Barcroft Community Ass’n, 1992). New York voids releases signed for pools, gyms, amusement parks and other places of recreation where the user pays a fee (General Obligations Law § 5-326). Several other states scrutinize waivers closely or limit them for particular activities, so check the law of the state where the activity takes place — the waiver still documents that the participant was warned of the risks.

Can a parent sign a waiver for a child?

It depends on the state. California courts enforce a parent’s release of a child’s negligence claims (Hohe v. San Diego Unified School District, 1990), and Colorado allows it by statute except for willful, wanton, reckless or grossly negligent conduct (C.R.S. § 13-22-107). The supreme courts of Washington (Scott v. Pacific West Mountain Resort, 1992) and Utah (Hawkins v. Peart, 2001) hold that a parent cannot waive a child’s claims in advance, and many states have not decided. Even where the child’s claims survive, the parent’s signature can still release the parent’s own claims and show that the family was told of the risks.

This template is a general starting point. Draftmill is not a law firm and does not provide legal advice; using a template creates no attorney–client relationship, and we do not guarantee that it is correct or suitable for your situation. Laws differ from state to state — adapt it to your situation, and have important contracts reviewed by an attorney licensed in your state. Terms of Service

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