Limiting Risk for Your Sponsored Event
by Brandon Cole
Monday, June 3, 2019
Businesses who organize events should do all they reasonably can to limit their liability exposure. One way to accomplish this is to have event participants sign a Release of Liability and Assumption of Risk Agreement before participating in the event. These agreements are particularly important where physical activity (e.g., a marathon) or potentially dangerous activities are involved.
As the name implies, these agreements should generally:
1) make clear any risks of participating in the event;
2) have the participant acknowledge such risks; and
3) release the event organizer from any damages that may occur in connection with the event.
Release of Liability and Assumption of Risk agreements should also take into account the laws of the state in which the event is being held. For instance, in order to properly have a potential negligence claim released in Iowa, the Iowa Supreme Court has stated that there needs to be “clear and unequivocal language that would notify a casual reader that by signing the document, a [releaser] would be waiving all claims relating to future acts or omissions of negligence by the [releasees].” Furthermore, event organizers should be aware if parents are able to waive claims on behalf of their child. This varies from state to state.
If you would like assistance with creating a Release of Liability and Assumption of Risk Agreement, please contact Brandon Cole or any other BrownWinick attorney.