Release of Liability Agreements
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info@kowtunlaw.comRelease of Liability Agreements: Exempting Your Business From Liability
A release of liability agreement is a contract where one party (the Releasor) legally gives up the right to sue another party (the Releasee) for specific claims, damages, or injuries.
Our Approach To Release of Liability Contracts
We help clients by drafting release agreements for two primary scenarios:
- Release for Future High-Risk Activities (Waivers) – used before an activity to define inherent risks and ensure the participant knowingly assumes them.
- Release for Concluding Disputes (Settlement Releases) – used after a dispute arises, where one party agrees to waive all future, related claims (usually in exchange for monetary payment).
We will draft the language waiving future negligence claims to be clear, so the signing party can’t claim ignorance about who is being released (the company, officers, or employees) and exactly what claims are being waived. This provides your business with a powerful defense against liability.
Contact us today to discuss drafting your release of liability agreements.
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Frequently Asked Questions
It is a contract where one party (the Releasor) legally gives up the right to sue another party (the Releasee) for specific claims, damages, or injuries.
A Waiver typically addresses future, potential risks (e.g., signing before a dangerous activity). A Release typically addresses past, existing claims (e.g., signing as part of a dispute settlement).
Yes, but the contract must satisfy specific legal requirements: the waiver of negligence must be clearly stated and conspicuous (e.g., bolded, all caps, or separate) in the document.
You should use it for any activity that involves inherent risk of injury, such as fitness classes, recreational services, or events where participants could be harmed.
Releases signed by parents on behalf of their children for personal injury claims are generally not enforceable under Texas law. We advise clients on this limitation.
It demonstrates that your business prioritizes legal protection, which can deter frivolous lawsuits.
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