Are liability waivers enforceable in Florida?

Yes. However, Florida law requires that liability waivers contain clear language and terms that aren’t vague about what circumstances are covered under it. Such waivers must also contain clear details about what activity(ies) will be engaged in and what the associated risks will be.

What are the requirements for a liability waiver in Florida?

In Florida, the contracting parties must be 18 years or older or have a parent or guardian sign the waiver on their behalf. The language of the waiver must be clear, specific, unequivocal, and unambiguous. Furthermore, depending on the circumstances, a release waiver agreement may not be upheld where there’s gross negligence or wilful misconduct that causes harm.

Where can I get a liability waiver form in Florida?

Our free Florida liability waiver form may be used to create a waiver agreement. Simply follow the tips and directions on how to complete it, and once the agreement is filled out, signed, and dated, it may be used as a binding legal liability waiver agreement.

What makes the form valid in Florida?

The form will be valid if it’s filled out, dated, and signed by parties 18 years old and over or their parents/guardians/legal agents if necessary. Furthermore, the language used to describe the activity in question and the risks associated with it must be stated clearly, specifically, unambiguously, and unequivocally.

Release of Liability Form Florida Template

Prepared for:

[Releasee.FirstName][Releasee.LastName]

[Releasee.Company]

Created by:

[Releasor.FirstName][Releasor.LastName]

[Releasor.Company]

This Release of Liability Agreement ("Agreement") is made between:

[Releasor.FirstName][Releasor.LastName], [Releasor.StreetAddress], [Releasor.City], [Releasor.State], [Releasor.PostalCode] (“Releasor”) and

[Releasee.FirstName][Releasee.LastName], [Releasee.StreetAddress], [Releasee.City], [Releasee.State], [Releasee.PostalCode], (“Releasee”), hereinafter collectively (“the Released Parties”) and pertains to the following activity(ies):

(insert full list of specific activities to be engaged in by the Releasor in clear language)

(“Activity”)

Whereas The Releasor hereby confirms their acknowledgment and understanding that the following risks are associated with the Activity and agrees to wilfully and voluntarily engage in the Activity with full knowledge of such risks:

Enter value

(using precise language, insert known risks or risks usually associated with the Activity in as much detail as possible)

NOW THEREFORE, in respect of all acknowledgments, agreements, and covenants contained in the Agreement, the Released Parties agree as follows:

The Released Parties agree that all terms of the Agreement shall be subject to and interpreted in accordance with the laws of the State of Florida.

The Releasor agrees that despite being fully aware of any risks associated with the Activity, those known and unknown, including but not limited to bodily injury, disability, or death, property damage, property theft, or any risks arising from any negligent act(s) or omission(s) by the Releasee or any person or entity falling under the control or employment of the Releasee, or from dangerous or defective property owned, operated, or controlled by the Releasee and such persons, to expressly and voluntarily release and forever waive, acquit, and discharge the Releasee from any possible legal action that the Releasor may ordinarily be entitled to under the Laws of the State of Florida, on behalf of the Releasor, or any other third party who may be entitled to exercise any legal claim on the Releasor’s behalf. (“Release”)
The Release shall in no way be construed as an admission of guilt or any wrongful conduct on the part of the Releasee. The Releasee shall retain full rights to and the benefits of any other valid defenses under the law.
The Release shall be binding upon the Releasor’s successors, executors, heirs, next of kin, and any assigns.
If any part of the Agreement is deemed unenforceable, such part will be deemed severable and will not affect any other part of the Agreement, which shall remain enforceable.
The Released Parties agree that this agreement forms the entire Release, and no prior oral or written agreements between the parties supersede it.
The Released Parties agree that no alterations or amendments shall be allowed to the Agreement unless reduced to a written document and signed by the Released Parties.

The Released Parties certify and acknowledge that each has read and understood the contents of the Agreement and have affixed their signatures hereto of their own free will.

Signature

MM / DD / YYYY

[Releasor.FirstName][Releasor.LastName]

(Record the Relasor’s full name and sign or confirm that the person signing is duly authorized to act on behalf of the Releasor as its agent in the case of the Releasor being a company or other type of legal entity)

(Parent/Guardian’s full name and signature if needed. If the Releasor is younger than 18 years, the Parent or Guardian must also sign)

Signature

MM / DD / YYYY

[Releasee.FirstName][Releasee.LastName]

(Record the Relasee’s full name and sign or confirm that person signing is duly authorized to act on behalf of the Releasee as its agent in the case of the Releasee being a company or other type of legal entity)

Release of Liability Form Florida Template

Release of Liability Form Florida Template

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