Cain & Kiel Law

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Could your company benefit from a liability release form?

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Owning and operating a business comes with many risks for being liable for certain outcomes. For instance, if a person participates in an activity on a company's premises and suffers injuries, the company could be liable for those injuries. Unfortunately, facing liability for such incidents could be detrimental to your company in various ways.

As a business owner, you undoubtedly know the importance of protecting your company as best as possible. If you know that certain elements of your business operations could put clients or customers at a certain amount of risk for harm in the event that something goes wrong, you may want to consider having a liability release form.

What is the purpose of this form?

In general terms, a release form indicates that a person using your company's product or service assumes the risk of injury and that your company's liability for any resulting injuries is limited. Having this form and having clients or customers sign it could help keep a company from facing lawsuits. However, that does not necessarily mean that one could never sue your company. If the injury-causing incident resulted from negligence or recklessness on the part of the company, a form may not protect you.

Can someone challenge your form?

Even if a client or customer signs a release and suffers injuries due to an unforeseeable incident, a claim could attack the enforceability of your document. If the language is confusing or vague or attempts to hide your company's lack of liability in the fine print, a person could argue that he or she did not fully understand the document before signing. Additionally, if you utilize a form that had blanks in which one could fill in information, it is important to complete the information before the client signs.

How can you ensure enforceability?

Your release form, and any other contract, has a greater chance of remaining enforceable if it is created correctly. As a result, you may want to take the time to have a legal professional create your contract. A Texas business attorney could ensure that the necessary language is in the contract without confusing potential clients or risking unnecessary liability to your company. Having your form created and in place sooner rather than later may be wise when conducting operations.

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