A waiver of liability agreement form must state the dangers and risks involved with a particular activity, the liabilities and rights released by the party signing the agreement, and contact information for all parties involved, says FormSwift. The form must be dated and signed and comply with all state laws. There are free generic forms available online, but drafting a legally binding liability agreement may require assistance from an attorney.
Liability waiver agreements, also referred to as exculpatory agreements, are sometimes found unbinding by the justice system because language used in the waivers is too broad, explains the law firm of Weiss, Berzowski and Brady. As of 2015, the Wisconsin Supreme Court has presided over six cases that involved waiver agreements over a 25-year period. The court found that none of the waivers were enforceable.
There are separate regulations for each state regarding liability waivers and the language included in them, according to FormSwift. For example, in Wisconsin, liability agreement forms must have proof that the party executing the agreement has the ability to bargain, notes the State Bar of Wisconsin. Also, most states require more than a liability waiver to be enforceable; the waiver must stand alone and not include other forms of agreement.