Are Waivers Enough Protection on Their Own?

Waivers are required for any outdoor business where participants could be at risk while partaking in the sport. Your customers will probably give this paper a quick skim and sign it without reading too much into it since they most likely know what they’re getting into. However, are liability waivers enough on their own to protect your business from lawsuits?

How Liability Waivers Protect Your Business

A   liability waiver  is a legal defense mechanism for your business. It can protect your business from liability of negligence and shows goodwill in terms of mitigation. These are a low-cost liability protection for any business and can always be enhanced. We recommend reviewing your waivers annually and including them in your  business plan.

Waivers not only protect your business and interests from any legal action but also make the participant aware of the terms and conditions of partaking in your sport.

Only Create Waivers When Necessary

Most outdoor adventure sports come with a high risk that you have zero control over. A person could fall out of a raft or even trip on their hike and injure themselves. Waivers are an important part to protecting your business. If you are creating waivers just to dodge responsibility, you could be damaging your reputation and creating a bigger legal matter.

It is important to explain the reasoning why you have waivers in place for your guests. Many times, customers will be less likely to take legal action if they were briefed on the risks at stake, their responsibility and the safety measures your team takes to prevent accidents.

Never Waive Your Own Responsibility

No matter how well you plan, running a small business can be fraught with unexpected surprises. Make every effort to ensure that your property, services and products are safe for your customers. It can be easy to disregard the small stuff, however, it can be those things that cause the most amount of damage. The only way to completely avoid liability is to shutter your business. Smart business owners do the next best thing ― protect their assets by carrying adequate  insurance  coverage.

Can You Still Get Sued Even If You Used a Waiver?

Even if waivers are involved, negligence and misconduct are both punishable by law. The way they are written is extremely important. If the document does not make sense, is wordy or has a misplaced clause, the waiver can be overturned.

The Highest Tier of Protection For Your Business

The best waivers, disclosures, or release agreements will not replace the benefits of having a comprehensive adventure sports insurance policy. Outdoor adventure sports can be unpredictable, and in a matter of seconds, anything can happen. One wrong move could cost your business and your guests a lot of harm. As safe as your practices are, it’s always best to have the correct policy on your side just in case something does happen. For additional safety guidance and insurance solutions for your outfitter business,  request a free CBIZ Adventure Sport Insurance quote  today.

This blog may contain scenarios that are provided as examples only. Coverage is subject to the terms, conditions and exclusions of the policy issued. The information provided is general in nature and may be affected by changes in law or the interpretation of such laws. The reader is advised to contact a professional prior to taking any action based upon this information.

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