Like it or not, we in the United States live in a "sue or be sued" society. So when planning a meeting or event, consider using a release and waiver as one form of risk management for your organization. The risk your organization shifts today may just save it from liability tomorrow.
Releases and waivers are used to shift the risk of liability that may arise out of attendee participation in recreational events at meetings. In other words, if an attendee wants to participate in the event, that attendee must assume the risk of any potential liability. Also, having the host venue sign a "hold harmless and indemnity" agreement will shift liability away from your organization in the event of a claim.
While not absolute protections against liability, participant releases and waivers provide an excellent layer of protection. The document should state that the participant knows that the activity he or she voluntarily elects to do is potentially hazardous to his or her health, and he or she releases the organization from liability due to any resulting injuries and waives (or forgoes) any claims he or she might have against the organization for liability. By signing the waiver and release, the individual is taking sole responsibility and liability for any injuries arising out of his or her participation in the event.
A release and waiver must be entered into voluntarily and with full knowledge of the potential risks associated with the event. Participants must choose whether to participate in the event and to sign the release, and they must be made aware of the potential dangers associated with the event beforehand and sign the release with full knowledge. Only then does protection from liability extend to the organization for injuries that are inherent to the activity (e.g., getting hit by a golf ball during a golf tournament). If the injury is caused by something other than an inherent risk (e.g., an attendee trips over a tool left on the fairway by a course employee), the protection may not apply.
Planners should not ambush attendees by handing a document to them at the start of the event. It's much better to develop a release and waiver that can be included in the overall registration materials for the program so that attendees have plenty of time to review and sign it. The release can be written specifically to one event or to cover all events occurring during the meeting.
SIDEBARThe Exception Proves the RuleWhat if a participant does not want to sign a release and waiver? A "zero tolerance" rule is best, and means that everyone—even the company president's spouse—signs the release and waiver or does not participate. Some organizations, on the other hand, will choose to make exceptions as to who needs to sign the release and waiver to participate in the event. Keep in mind, though, that often when we make exceptions to best practices, they come back to haunt us in the form of a claim from a participant for injuries.
Barbara Dunn is an attorney and partner with Howe & Hutton in the firm's St. Louis, MO, office. She can be reached at (636) 256-3351 or [email protected].