Are Liability Waivers for Volunteers Worth the Paper They Are Written On?

Volunteers assist churches and ministries do a multitude of things, like operate outreach teams, plan events, and work with kids. It's good that volunteers contribute their time and abilities, but they always take a risk when they do so, such as getting hurt, ruining stuff, or even being accused of doing something wrong. A lot of churches urge volunteers to sign liability waivers to safeguard the ministry from lawsuits and lower these risks.

But do these waivers really do what they say they do? Are these real protections under the law, or are they just things that sound nice on paper? This comprehensive essay goes into great detail regarding the legal value, limits, and best ways for church volunteers to use liability releases. It helps church leaders make smart choices that keep volunteers safe and minimize risk at the same time.

What Does It Mean to Sign a Waiver of Liability?

A liability waiver is a piece of paper that volunteers sign that says they will take on the risks of their ministry work and won't hold the church or ministry responsible for any damage or accidents that happen while they are working. The waiver usually says:

• A list of what volunteers can accomplish and the risks that come with it.
• A statement in which the volunteer accepts to take on those risks.
• An explicit release of the ministry, its executives, and its personnel from responsibility.
• A statement that the volunteer is signing of their own free will and understands what they are doing.

The goal is to make sure that volunteers know all the hazards and decrease the possibilities that the ministry will be sued.

The Law: Are Liability Waivers Legal?

Jurisdiction is very important.

Liability waivers are governed by state contract law, although different courts in the U.S. interpret and enforce them in different ways. Many states accept well-written waivers, but some have severe limitations concerning when they can be used or make them completely invalid.

Things That Are Important for Making Things Happen

• Straightforward and Clear: The law specifies that waivers must be clear, specific, and not open to interpretation about the rights and risks that are being given up. When the language is unclear or too wide, it is harder to enforce.
• Informed and Unforced Consent: Volunteers must sign waivers of their own free choice and be fully aware of what they are giving up. A waiver can be canceled if it was forced, lied about, or used complicated legal language.
• Most places won't enforce disclaimers that cover being really careless, irresponsible, or doing something wrong on intent. In short, a church can't get out of being responsible for terrible behavior.
• We look more closely at policies that affect kids or other groups that are at risk. Many states don't let parents give up a child's ability to sue if someone else was irresponsible and damaged them.
• Kind of Activity: Courts may look at whether the behavior is harmful by nature and if the waiver does a good job of protecting against those risks.

Liability Waivers: Common Mistakes

• "A waiver keeps us safe from all lawsuits." That's not correct. Waivers don't offer much protection, especially if someone believes you were irresponsible or damaged someone on purpose.
• "You can't fight a waiver once you've signed it." That's not correct. Courts can throw out waivers for procedural reasons (like how they were provided) or substantive reasons (like how fair and wide they are).
• "Waivers mean you don't have to worry about safety or insurance." That's not right. Waivers are a good addition to basic safety rules, training, supervision, or insurance, but they shouldn't be used in place of them.

Why Churches Still Need Liability Releases

Even while waivers have some problems, they are useful in real life:

• Discouraging Frivolous Claims: People who sign releases are less likely to sue for things that aren't true or don't have a valid reason.
• Waivers show that the ministry advised volunteers about the hazards and got their permission, which makes the defense's case stronger.
• Promoting Risk Awareness: Volunteers are aware that ministry activities could be dangerous and are responsible for what they undertake.
• Helping with Insurance Claims: Insurers may consider waivers as a beneficial thing when they are looking at and processing claims.

How to Make Good Liability Waivers

1. Talk in a Way That Is Simple and Clear: Don't use complicated legal terms; make disclaimers that are straightforward for everyone to understand. Clearly list the acts that are covered and the risks that are taken.
2. Make the Restrictions Clear: Instead of utilizing the same forms for all volunteer jobs or events, make disclaimers that are specific to each one. Talk about what the waiver doesn't cover, such as being too careless or acting in a bad way.
3. Give Them the Option to Take the Danger: Be sure that volunteers are aware of and agree to the dangers that come with their labor.
4. Allow Them to Ask Questions: Let volunteers read and ask questions about the waiver before they sign it. Think about having a lawyer or staff member go over the main elements.
5. Don't Put Waivers in with Other Papers: Liability releases shouldn't be mixed up with other agreements, such as those that set rules for behavior or privacy, to avoid confusion.
6. Make Sure It's Done Right: You need to sign with a date. Have parents or legal guardians sign waivers for their kids. Keep waivers safe by using volunteer records.

Liability waivers are one aspect of a complete plan for dealing with risk. Waivers are simply one way to keep your ministry and volunteers safe:

• Follow stringent safety requirements. Being ready for crises, screening, training, and supervision all make things safer.
• Give volunteers contracts that spell out what they need to do, what their responsibilities are, and what you expect from them.
• Get the Right Insurance: Make sure that the liability and volunteer accident insurance you have is right for the work your ministry undertakes.
• Support openness, reporting, and always growing better to help create a culture of safety.

Things to Keep in Mind for Young and Weak Volunteers

A lot of states don't let kids get exemptions, or they only let them have a few. This is especially true if the kids are suspected of being reckless. Always get parents' permission and let them be a part of the waiver process for youth volunteers. In addition to exemptions, think of alternative strategies to protect populations that are at risk.

Things That Could Go Wrong and How to Avoid Them

• Using templates that are too old or too general: Get a lawyer to help you write disclaimers that are up-to-date and meet your needs.
• Don't make volunteers sign waivers without informing them why.
• Don't rely on waivers too much; always follow all safety rules and get insurance.
• Not respecting the rules that apply in your state: Always check to see if your waiver is good in your location.

At the End

Liability releases are beneficial for churches who want to make volunteer ministry safer, but they don't cover all of their debts. When they are well-written, well-communicated, and part of a wider plan for safety and following the law, they operate best. Communities are stronger and more trustworthy when ministries consider carefully about waivers and put safety first while respecting the rights of volunteers.

Inside Links

• Find out more about the rules that keep church volunteers safe.
• Learn about what our church does to keep kids safe.
• Learn about church risk management and releases of responsibility.

Links to Other Sites

• National Council of Nonprofits – Volunteer Risk Management
• Darkness to Light – Child Abuse Prevention Training
• IRS – Volunteer Policies and Risk

This blog article is not legal advice; it is just meant to give you information. If you want to know more about liability releases and how to make volunteering safer, go to a church law attorney who knows what they're talking about.