How to Create a Liability Waiver for Municipalities (and Small Towns)

This article will walk you through the process of creating an effective liability waiver to help municipalities and small towns move from paper waivers to electronic waivers.

We’ll discuss what to include, how to build it, share a waiver template, and highlight the best tools for efficiently creating and managing digital waivers.

1. What to Include in a Liability Waiver
2. Use a Simple Drag-and-Drop Form Builder
3. Collect Participant or Guardian Information
4. Add the Assumption of Risk and Liability Statement
5. Include Digital Signatures
6. Share Your Waiver with your Community
7. Best Liability Waiver Tools for Municipalities

What to Include in a Liability Waiver

To be effective (and legally sound), your waiver needs to be comprehensive yet easy to understand. Here’s what to include:

1. Assumption of Risk

Clearly outline the types of risks participants are accepting by joining the program (e.g. physical injury, property damage, environmental conditions).

2. Release of Liability

A statement where the participant agrees to release the municipality, its staff, and affiliates from liability for injuries or losses incurred.

3. Indemnification Clause

This clause ensures that the participant agrees to indemnify and hold harmless the municipality against any claims resulting from their participation.

4. Emergency Contact and Medical Info

Especially important for youth programs and camps. Include sections to collect allergies, medications, and contact information.

5. Parental/Guardian Consent

If minors are involved, ensure a parent or legal guardian signs the waiver.

6. Media Release (Optional)

If your event includes photography or video recording, ask for consent to use images for promotional purposes.

7. Clear Signature Section

Include the full name, date, signature, and optionally, an IP address and timestamp if collecting online.

Step 1: Use a Simple Drag-and-Drop Form Builder

Most online waiver tools provide an easy-to-use drag-and-drop form builder to help you create liability waiver.

Here’s how to get started (with Activity Messenger but these steps are very similar on all tool):

1. Create a new form: Log into your Activity Messenger account and create a new liability form.
2. Customize the layout: Arrange the sections of your liability waiver. Add headers, instructions, and even visuals like your municipality or small town’s logo. You can use Canva to keep your branding consistent.
3. Test the layout: Make sure the form looks professional and is easy to use on both desktop and mobile devices.

Step 2: Collect Participant or Guardian Information

The first section of your form should focus on collecting essential participant or guardian information. Information that should be collected includes

• Full Name
• Email Address
• Phone Number
• Additional Information

You can make certain fields mandatory and set up validation rules to ensure the accuracy of your data by clicking the “Edit” button in the Form Builder.

Step 3: Add the Assumption of Risk and Liability Statement

This section should clearly outline the potential risks associated with the activity in which citizens will participate and state that the participant or guardian assumes responsibility.

1. Use Clear Language: Avoid overly complex legal jargon. Your participants should be able to read and understand the waiver easily.
2. Cover Key Points:
   • Acknowledge the inherent risks of participating in hockey, such as injuries from physical activity or contact.
   • Specify the responsibilities of the municipality and the limitations of liability.
   • Include a consent clause for medical treatment in emergencies.
3. Format for Clarity: Use short paragraphs, bullet points, and bold headings to improve readability.

Copy and paste your liability text into the form builder. At the bottom of this section, include a checkbox for participants or guardians to confirm that they accept the risks associated with the activity or event. For example:

• “I have read and accept the terms and conditions.”

Municipal Liability Waiver Template

Here’s a sample waiver you can adapt to your municipality’s needs:

Liability Waiver and Assumption of Risk Agreement

I, the undersigned, understand that participation in programs and events organized by [Municipality Name] involves certain risks, including but not limited to physical injury, property damage, or other unforeseen incidents. I voluntarily choose to participate in these activities and assume all associated risks.

In consideration of being allowed to participate, I hereby release and hold harmless [Municipality Name], its employees, volunteers, and affiliates from any liability, claims, demands, or causes of action arising out of or related to any injury, loss, or damage that may occur as a result of my participation.

I certify that I am in good health and able to participate in the activities. I agree to follow all rules and instructions provided by [Municipality Name] staff and program leaders.

[For minors:] I, as parent/guardian of the participant, give permission for my child to participate and agree to all terms stated above.

Step 4: Include Digital Signatures

Here’s how to add a digital signature to your form:

• Add a signature field: Use the signature field in Form Builder to collect e-signatures.
• Mobile-friendly design: Make sure the signature field is responsive, so parents can easily sign with their fingers.
• Timestamps: Automatically collect the date and time of the signature for additional documentation.

 

Step 5: Share Your Waiver with the Community

Once you’ve tested the liability waiver, Activity Messenger offers different ways to share your liability waiver:

• Email: Send the form to residents as part of your registration confirmation. You can also include it in your municipal monthly newsletter.
• SMS: Text the waiver link directly to citizens for quick access.
• QR Codes: Generate a QR code that residents can scan at the event, registration desk or summer camp check-in.

Best Liability Waiver Tools for Municipalities

Here are some of the best liability waiver tools municipalities and small towns use to move from paper waivers to digital forms:

1. Activity Messenger

Activity Messenger is great for managing waivers alongside program registration and communication. Allows custom forms, e-signatures, and mobile-friendly experiences. Ideal for recreation departments and community events. Also replaces tools like Eventbrite, Mailchimp, SurveyMonkey and more.

2. Smartwaiver

Smartwaiver is a popular tool that offers custom-branded digital waivers with robust data storage and analytics. Easily integrates with existing CRM or booking systems.

3. WaiverForever

WaiverForever Offers cloud storage, offline signing options, and integration with multiple platforms. Good for municipalities with on-site events where Wi-Fi may be unreliable.

4. DocuSign

DocuSign is best for municipalities looking for enterprise-level e-signature solutions. While not waiver-specific, it’s widely used in public sector organizations for all types of agreements.

5. HelloSign (Dropbox Sign)

Hello Sign is a user-friendly tool for collecting signatures on liability waivers and other municipal documents. Integrates with Google Workspace and Dropbox.