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If you’re running a business that carries a risk to your customers, it’s a good idea to have a waiver in place.
A waiver will protect your business from risk if anything happens to your customers as a result of your business activities.
A waiver could be an important document for many businesses. So let’s go through why you might need it!
What Is A Waiver?
A waiver is a legal document that your customers sign before engaging with you. It proves that they are aware of any risks that may be associated with your business.
Sometimes, a waiver is also referred to as a ‘disclaimer’ or ‘release form’.
Put simply, a waiver does two things:
- Informs your customers of the risks of your business
- Prevents your liability from these risks
When Do I Need A Waiver?
If your business offers goods or services that have risks associated with them, you should think about having a waiver in place to ensure your customers are aware of these risks.
For example, if your business is involved in any recreational or high-risk activities, a waiver is a strong way of limiting your liability if anything bad were to happen.
It’s important to understand that a waiver does not replace your customer contracts (such as your terms & conditions or your service agreements).
A customer contract is a much more comprehensive document, which can include terms around payment, delivery, supply, termination and other rights.
In many cases, a waiver can simply be incorporated into this customer contract.
However, if your business involves high-risk or recreational activities, having a stand-alone waiver is a safer option.
This is because, in the eyes of the court, having a separate waiver signed by your customer can make a stronger case that the customer was aware of these high-risk activities (that is, if you do actually end up in court).
This is why most businesses with recreational or high-risk activities (such as gyms or electrical scooter providers) will have a physical waiver that the customer needs to sign before engaging.
Need Help?
If you’re not sure whether you need a waiver, or if you’d like to explore other ways to protect your business from risk, we’re here to help!
Feel free to reach out to our friendly team at [email protected].
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