This Homeowner Liability Waiver Agreement ("Agreement") is made between:
[Releasor.FirstName] [Releasor.LastName] , [Releasor.StreetAddress] [Releasor.City] [Releasor.State] [Releasor.PostalCode] (“Releasor”) and
[Releasee.FirstName] [Releasee.LastName] , who resides at [Releasee.StreetAddress] [Releasee.City] [Releasee.State] [Releasee.PostalCode] (“Releasee”), hereinafter collectively known as “the Released Parties”.
The Releasor shall conduct the following activities at the Releasee’s property located at (insert the full address including city, town, state, and zip code of homeowner’s property) (“the Property”):
Reside at the Property during the period (insert the period of stay)
Work at the Property during the period (insert the period of employment) and be responsible for performing the following duties at the Property:
(Insert work duties in detail. For example, “The Releasor is employed as a gardener and is responsible for all reasonable duties necessary to maintain the neatness of the property’s lawn, flowerbeds, hedges, etc.”)
(Insert specifics of the activities the Releasor will conduct at the Property in as much detail as possible. An example is, “The Releasor will visit the Property on the (insert date(s)) to perform quantity surveying for remodeling work to be conducted at the Property.”)
Tick the applicable box or insert all the activities that the Releasor will be engaging in at the property in detail.
WHEREAS the Releasor confirms their acknowledgment and understanding that the aforementioned Activities at the Property shall be subject to the following risks and agrees to participate in such Activities at the Releasor’s own risk.
(using clear language, insert known risks or risks usually associated with the Activities in as much detail as possible.)
NOW THEREFORE, in respect of all acknowledgments, agreements, and covenants contained in the Agreement, the Released Parties agree as follows:
The liability waiver form covers an activity that the Releasor will voluntarily engage in. Since the activity may carry a risk of injury or other kinds of harm, the activity and the risks should be clearly defined for both parties.
The Released Parties agree that all terms of the Agreement shall be subject to and interpreted under the laws governing the State of (insert state).
5.1 The Releasor agrees that despite being aware of the Risks, those known and unknown, and harm that may occur, including but not limited to physical injury, disability, or death, property damage, property theft, or any risks arising from any negligent act(s) or omission(s) by the Releasee, or any other person or entity falling under the control or employment of the Releasee, or from dangerous or defective property owned, operated, or controlled by the Releasee and such persons at the Property, to voluntarily release and forever waive, acquit, and discharge the Releasee from any possible legal action that the Releasor may be entitled to under the law, on behalf of the Releasor, or any other third party who may be entitled to exercise any legal claim on the Releasor’s behalf. (“Release”)
It’s usually the customer, employee, or resident at the property who agrees to waive their rights to pursue a legal claim, but a waiver won’t necessarily cover every kind of risk or gross negligence.
5.2 The Release shall in no way be construed as an admission of guilt or any wrongful conduct on the part of the Releasee, and the Releasee shall retain full rights to and the benefits of any other valid defenses under law.
5.3 The Release shall be binding upon the Releasor’s successors, executors, heirs, next of kin, and any assigns.
5.4 If any part of the Agreement is deemed unenforceable, such part will be deemed severable and will not affect any other part of the Agreement which shall remain enforceable.
The Released Parties agree that this agreement forms the entire agreement between them, and no prior oral or written agreements between the parties supersede it.
The Released Parties agree that no alterations or amendments shall be allowed to the Agreement unless reduced to a written document and signed by the Released Parties.
The Released Parties certify and acknowledge that each has read and understood the contents of the Agreement and have affixed their signatures hereto of their own free will.