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Need Workers' Comp Help? University Business Services © UC Santa Cruz
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UCSC Guide to Waivers Summary: This page provides info for Waiver of Liability, Assumption of Risk, and Indemnity Agreements: which waiver to use when, and why. Waivers and releases are written agreements that say the sponsor of an activity will not be liable for harm suffered by participants. (In this context waiver and release mean the same thing and are interchangeable.) The Required Activities Waiver is for on- or off- campus activities required for a degree or academic program and supervised by academic personnel. The Elective/Voluntary Activity Waiver should be signed by individuals (including students) participating in University activities that are not required for a degree or academic program. These include elective field trips, study abroad, and recreational programs for children. The Facilities Use Waiver should be signed by individuals or groups using University sports facilities, equipment, and services. There are two versions: Facilities Use Athletics Waiver and Facilities Use Other Waiver. Waivers: Why and How to Handle ThemWaivers and releases are designed to protect the University and its employees from legal liability for injuries that may occur to individuals who participate in voluntary or required activities on or off campus. They are valid and reliable legal tools under California law. Waivers signed prior to participation are viewed by the law as contracts or agreeements in which the participant agrees to excuse the University and its employees from fault or liability for personal injuries associated with the activity. If the participant agrees in advance that the University and its employee owe him or her no duty, recovery from negligence is barred. Indemnity and hold-harmless provisions shift the responsibility for legal expenses associated with claims to the participant. A waiver is not invalidated by the passage of time. It must be kept by the activity sponsor in case it needs to be used as evidence in a later lawsuit. The failure of an individual to read a waiver does not excuse compliance. Under California law, it is encumbent upon individuals who do not read or understand English to have the release read or explained to them. Waivers and releases cannot be the "fine print" in a larger publicaton, such as a brochure. They must be on a separate sheet of white paper, using the font type and size provided by the Office of Risk Services. Any additional information the department wishes to furnish about an activity should be on a document separate from the waiver or release. Waivers and releases cannot be signed by minors. Activity participants under 18 must have a waiver signed by a parent or legal guardian. There is no legal requirement to provide waivers and releases in languages other than English. In general, state courts have held that English-language waivers signed by adults who cannot read English are valid. Waivers and releases must be stored by activity date in alphabetical order by name of participant. This greatly expediates retrieval i a waiver or release is needed for a legal proceeding. If space becomes a problem, waivers and releases can be microfilmed or stored electronically. Anyone who refuses to sign a waiver should not be allowed to participate in the activity. Departments that do not use waivers and releases when appropriate may have to contribute to claim or lawsuit settlements that arise as a consequence. After reading the information provided, if you have any questions about waivers email or call Jennifer Yeager at 459-5154. Which Waiver to UseThe following matrix shows whether a waiver is needed, and which waiver to use, for various activities.
Activities That Do Not Need WaiversThe following activities do not need waivers:
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