Waivers of Liability

Guidelines for Drafting

There are key elements which must be included in a waiver:

a. A clear description of the activity and obvious dangers. The participant
should be made aware of the risks.
b. A statement that the participant understands the dangers.
c. An assumption of those risks by the participant.
d. Language waiving the participant’s or estate’s right to make a claim.
e. An agreement to hold harmless and indemnify Henderson State University
and its employees or agents regardless of any negligence on their part,
whether simple or gross.
f. A statement that the law of Arkansas will govern.
g. An acknowledgement that the participant is of legal age and that he/she is
voluntarily signing the waiver.

The elements that usually determine whether a court will enforce a waiver of liability include the nature of the activity and its inherent dangers, the degree of “real” knowledge/understanding and voluntariness on the student’s part, and the degree of any negligence on the part of the University. The key is to briefly but accurately describe the activity so each participant can understand and make a reasoned decision based on the risks involved.

For your convenience, a sample waiver follows. This form can be adapted but should include each element.

Henderson State University
(Department)
(description of activity)
(dates & destination)

By my signature to this waiver, I, in my individual capacity, state that I have read, had an opportunity to ask questions about, and I understand the above description of activity and the dangers inherent in such activity. I hereby assume the risk of such activity, and I expressly waive all claims which I or my estate may have for death, injury, and/or damages arising from this activity against Henderson State University or any individual acting in an official capacity for the University and indemnity. I will hold harmless Henderson State University and its agents from any and all such claims regardless of either simple or gross negligence on their part. This waiver shall be interpreted in accordance with the law of Arkansas.

I acknowledge and hereby certify that I am of legal age and am executing this Waiver of Liability of my own free will.

Signature Date
_______________________________________________________________________
__________Use as many lines as necessary for all participants’ signatures____________
_______________________________________________________________________