3 Things Every Tour Operator Should Know About Liability Waivers

3 Things Every Tour Operator Should Know About Liability Waivers

Liability waivers are legal documents that are designed to protect your business. These are important documents for your business, and ones that you don’t ever want to lose. With a five year statute of limitations on the injury (longer for minors), keeping your liability waivers safe, secure and organized is critical. But what’s even more important, is that if the day ever comes where a specific liability waiver needs to be brought to court, the correct legal language is in place to protect you and your business. Here are three things every tour operator should know about liability waivers.  

Liability Waiver Laws Vary By State

When it comes to waiver laws, there is no “one size fits all” solution. The laws and regulations around your liability waivers change based on your state. It’s important to know the ins and outs of your state’s law in order to protect yourself. Most states cannot protect your business from gross negligence, reckless conduct, willful/wanton conduct, and intentional acts. Do your homework and make sure you are protected. [1]

Keep Your Liability Waivers In Good Condition

Make sure your liability waiver is clean, clear, and the language is unambiguous. If something happens and the waiver is delivered in poor condition, it will not hold up if something were to happen. Paper waivers can get damaged by the elements. They can get blown away by the wind or fall on the ground or into the water and become illegible. You do not have to worry about this with digital waivers – even if you drop your tablet on the group or in the water. Digital waivers always clear and easy to read.  

Non-Signing Spouses, Guests, and Minors

Some liability waivers can have one person sign as the “head of household.” We recommend you have all parties sign their own liability waiver. If you have a membership program and one of your members brings a guest, make sure they sign a liability waiver beforehand. For minors make sure they also have a parent or guardian sign before participating in any activity. It is important for all parties to acknowledge in writing that they understand the risk. It’s always better to be safe than sorry.

Liability waivers can be complicated, but we want to ensure our clients and your customers are protected.

For more information on digital waivers, contact us at kat.abbott@indexic.net.