A release of liability form (usually called a liability waiver) is a document where a participant acknowledges the risks of an activity, accepts the ones that come with it, and agrees not to sue the organizer over them. Gyms, yoga and fitness studios, climbing walls, personal trainers, dance classes and outdoor guides use them. This free template is written for that kind of activity, in plain English, and you can download it in Word or PDF.
Quick note if you landed here looking for something else: a “release of liability” you file with the DMV after selling a car is a completely different document. More on that below.
When do you need a release of liability form?
You need one before someone takes part in a physical activity you run where they could get hurt even if you do everything right. A spin class, a bouldering session, a trail run you lead. The waiver’s real job is to make sure the participant knows the risks, confirms they’re fit to take part, and accepts the risks that are part of the activity itself.
Picture a Saturday outdoor bootcamp in a park with twelve regulars, and someone rolls an ankle on uneven grass. A signed waiver shows they knew outdoor training on uneven ground carries that risk. Don’t count on it helping if you told them to sprint across a field you knew had a hidden drainage ditch.
Other documents might fit better in some cases. If you’re a PT, chiropractor or massage therapist starting treatment, you want a patient intake form and, for specific procedures, an informed consent form. A waiver isn’t a substitute for either.
Is this a DMV release of liability?
No. A vehicle-sale release of liability is a state DMV form, not a contract like this one. In California, for example, the seller files a Notice of Transfer and Release of Liability (REG 138) within 5 calendar days of selling or transferring the vehicle, so they’re no longer responsible for what happens with the car after the sale. Other states have their own forms and deadlines. If that’s what you need, go to your state’s motor vehicle agency, which you can find through USA.gov’s state motor vehicle services list. Don’t use this template for a vehicle.
What should a liability waiver form include?
The single most important thing is clarity. A waiver buried in fine print, or one that claims to cover everything imaginable, is exactly the kind a court may throw out. Our template is built with that in mind.
The activity. Name it and describe it specifically. “Group indoor cycling classes at [studio]” is better than “all activities.”
Inherent risks. A plain list of the risks that come with the activity: strains, sprains, falls, overexertion, and the rest that apply. This is where the participant learns what they’re accepting.
Assumption of risk. The participant confirms they understand those risks and choose to take part anyway.
Health and fitness statement. The participant confirms they’re fit to take part, will tell staff about conditions that matter, and will stop if they feel unwell.
Participant responsibilities. Follow instructions, use equipment properly, and stay within their limits.
Release. The participant releases the organizer from claims for injuries caused by the inherent risks and, where the law allows, ordinary negligence. Our template says out loud that it doesn’t release gross negligence, recklessness or intentional misconduct.
Medical treatment. Permission to call emergency services if the participant is hurt and can’t decide for themselves.
Minors. A parent or guardian section. Whether a parent can give up a child’s claims is a question of state law, so check yours before relying on it.
Standard terms. Governing law, severability (if one part fails, the rest survives), and consent to electronic signatures.
Are liability waivers enforceable in every state?
No. Enforceability varies a lot by state, and some states limit waivers sharply. Cornell’s Legal Information Institute notes that courts scrutinize these clauses and may decline to enforce one that is overly broad, violates public policy, isn’t clearly disclosed, or “attempts to waive liability for gross negligence or intentional misconduct.”
New York is a good example of how far a state can go. Its General Obligations Law section 5-326 says a waiver that exempts the owner or operator of a pool, gymnasium or place of amusement or recreation from liability for their own negligence, where they charge a fee for use of the facility, is “void as against public policy and wholly unenforceable.” A New York gym can still use a form to explain risks and get a health statement, but the negligence release part won’t do what it says.
The best way to think about a waiver is as one part of running a safe business, alongside maintained equipment, trained staff and proper insurance. It’s not a shield. If you run a facility, ask a local lawyer to review your waiver against your state’s rules, and ask your insurer whether they require specific wording.
How do you fill it in and get it signed?
Fill in your business name, the specific activity, the risks that actually apply and your state. Delete the minor section if you only work with adults. Then have every participant sign before their first session, not halfway through.
- Send the waiver when someone books, so they can read it without a queue behind them.
- Make sure it’s readable on a phone. Tiny text in a scanned PDF is the opposite of clear disclosure.
- Collect the signature and date, plus a parent’s signature for minors.
- Keep the signed copy for as long as a claim could be brought in your state.
- If you change the waiver, have people sign the new version.
Online signing is generally fine. An e-signature carries the same legal weight as ink for most documents, which we explain in are electronic signatures legally binding. What you want is a record of who signed which version and when.
One caution: this form asks participants about medical conditions, injuries and medications. If you’re a clinic or other HIPAA covered entity collecting that as patient information, use a tool that will sign a business associate agreement with you. SignWren isn’t set up for HIPAA-covered data and doesn’t sign BAAs.
For everyone else, download it, fill in the blanks, and send it for e-signature with any tool you like. (SignWren isn’t live yet, but it’s being built for paperwork like this; the waitlist is here.)
This template is general information, not legal advice. For your specific business or state, talk to a lawyer licensed where you are.