Is a Waiver Enough to Keep Us Safe? What You Need to Know About Church Liability Waivers

Liability waivers, which are often called release documents, are an important part of how churches and organizations manage risk. These papers are meant to keep the church safe from lawsuits if volunteers, members, or visitors are hurt or lose something while they are at church events. But are waivers enough on their own to keep you safe? This tutorial talks about what liability waivers can and can't accomplish, whether they are legally valid, the best ways to write and use waivers in a church setting, and how waivers fit into a larger safety and risk management plan. We'll also illustrate how Church Law and Strategy helps churches put in place good waiver policies along with other safety measures.

What Do Liability Waivers Mean?

Liability waivers are legal papers that say that anyone who signs them agrees to give up their right to sue for losses that happen during specific actions or events. In a church setting, waivers are often used for:

• Events and camps for youth ministry
• Things to do for fun, like sports or going out
• Volunteer jobs that put your health or money at danger
• Agreements to use the facility

Participants sign a form that says they understand the dangers and agree not to hold the church responsible if something goes wrong.

How Waivers Work in Court

Ability to Be Enforced

Changes by jurisdiction state law has a big say in whether waivers are legally binding. Some jurisdictions allow waivers to cover a lot of ground, while others limit what they can cover, especially when it comes to egregious negligence or willful wrongdoing.

Important Parts of Valid Waivers

A waiver usually needs to have the following things in order to be valid:

• Clear and direct language of release
• Agreement without pressure or force
• A list of the dangers associated
• Signature of the participant (or guardian if they are a child)
• Following certain state laws and rules

What Waivers Can't Do

Waivers can't protect you from:

• Gross negligence or deliberate wrongdoing
• Claims that have nothing to do with the waived activity
• Breaking the law on rights
• When public policy doesn't allow waivers

Church leaders need to know about these limits so they don't feel too safe.

How Waivers Fit into a Bigger Plan for Managing Risk

Liability waivers should be one aspect of a complete plan that also includes:

• Careful vetting of volunteers and participants
• Training and supervision for safety
• Policies and procedures that are clear
• Insurance that is made just for ministries
• Plans for responding to and documenting incidents

It's dangerous to rely only on waivers; tiered protections lower overall liability.

How to Write and Use Waivers the Right Way

Use language that is clear and simple. Don't use legalese so that people who sign know exactly what they're agreeing to.

Make Waivers Fit Each Activity

Generic waivers might not cover all hazards. Make forms specific to the event or position.

Get Waivers Before You Take Part

For the waivers to be legitimate, you must get them signed before the activity or involvement.

Make Sure Waivers Are Safe and Easy to Find

Keep signed waivers safe and keep good records of them in case they need to be looked at by a lawyer.

When Do You Need Extra Protections?

Insurance

It is important to have enough general liability and abuse/molestation insurance to cover claims that waivers can't.

Rules and Training

Written rules and training for volunteers lower risk by making sure everyone knows what is expected of them and how to stay safe.

Review by a Lawyer

Legal professionals should look over waivers and risk management plans on a regular basis.

How Church Law and Strategy Help Churches

Church Law and Strategy aids churches with the following:

• Writing liability waivers that are enforceable and tailored to your needs
• Including waivers in the overall management of risk
• Doing legal audits that focus on protecting volunteers and participants
• Teaching people about waiver policies and how to reduce risk

Questions That Are Often Asked

Are Verbal Waivers Legal?

In general, no. To be valid, waivers must be written down and signed.

Can Kids Sign Waivers?

Minors can't sign disclaimers that can be enforced; their parents or guardians have to do it for them.

What If Someone Doesn't Want to Sign a Waiver?

Churches can ask people to sign waivers in order to take part, but they need to think carefully about how to include everyone and offer other options.

Final Thoughts

Liability releases are helpful for churches, but they can't be used on their own. Waivers help keep ministries safe and create safe environments when they are used with good risk management, clear rules, training, and insurance. Church Law and Strategy helps churches set up solid waiver programs that fit into their overall safety plans by giving them competent legal guidance.

Disclaimer of Legal Rights

This blog article is only for informational purposes and does not give legal advice. Reading this material does not make you a client of Church Law and Strategy or its representatives. If you need legal counsel that is specific to your church or organization, please talk to a professional lawyer.

Links Inside

• Find out more about the legal policies that protect church volunteers.
• Look into the Child Safety Policy for Church Ministry Legal.
• Read the Church Legal Audit and Compliance Report.

Links to Other Sites

• Fair Credit Reporting Act (FCRA) Summary — Federal Trade Commission: https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act
• Child Protection Policies — Evangelical Council for Financial Accountability (ECFA): https://www.ecfa.org/Content/ChildProtection
• Volunteer Screening Best Practices — National Council of Nonprofits: https://www.councilofnonprofits.org/tools-resources/background-checks-and-volunteer-screening