Facts about the General Release of Liability template

Contents

What is a General Release of Liability?

A general release of liability is an agreement in which two parties agree that one party (or both) will release any claims associated with a specific dispute. This is the most general form of a liability waiver and can cover both known and unknown claims. Through such an agreement, the releasor can agree that the releasee and relevant associates of the releasee are no longer liable for a dispute. Typically, this is made in exchange for a payment or some other form of consideration.

This is most often used after an incident has already occurred. For example, the releasor may have been harmed on the releasee’s property. As part of the negotiated resolution to the incident, the releasee may agree to pay a sum of money to the releasor. Since the releasee does not want to both pay money and later be sued, the releasor agrees to a general release of liability.

This type of liability agreement can also be entered before any claims may arise or an incident may occur. Additionally, it can be used for non-injury disputes such as settling a debt or resolving a real estate disagreement. By agreeing to such an arrangement, both parties can promptly solve the despite without having to go to court and can be confident that the matter is settled. Thus, a general release of liability can often be built into a larger settlement agreement for a legal matter.

What is a General Release of Liability used for?

A general Liability release form is used any time one party wants to release another party of potential liability related to an accident, event or other dispute. This commonly happens when two parties resolve a potential legal claim outside of court and want to ensure that the matter is completely resolved, and no additional claims will be made in court. Sometimes this type of release is used before an event such as providing a service when the provider is concerned about legal risk. A general release of liability can only be agreed to in exchange for consideration of some sort.

Why should you use a General Release of Liability?

Agreeing to conclude a legal dispute without a general release of liability may cause one or both parties to be open to potential lawsuits. Similarly, failing to secure a release of liability before an incident could risk a future claim if the other party is not willing to come to an agreement after the fact. Therefore, it is important to have a well-written and effective general release of liability.

A general release of liability may be found to be unenforceable if it is not written correctly or if the releasor is not clear on his or her rights before signing. Therefore, it is important to craft the agreement carefully. It is helpful to use a template to ensure that the wording will be as accurate and effective as possible. Additionally, this will save you significant time and effort in drafting the document.

How to write a General Release of Liability?

Writing a general release agreement can be easy if you use a general release of liability form template. Since the release can cover both known and unknown claims, you don’t necessarily need to specify exactly what liabilities are being released. However, you should include at least a few core elements:

  • Parties: Both the releasor and the releasee need to be identified. Typically, their addresses are also included for clarity and any future communication.
  • Dispute: The legal dispute that gave rise to the release should be described. This should typically include a date and a short description of the facts. As long as the dispute is clearly understandable, there is no need for details. If the release is being signed in advance, describe the events, activity, or potential risks.
  • Consideration: The releasee must pay some consideration to the releasor. If signing the document after the fact, this needs to be a reasonable amount of consideration. Paying $1 to release a potential $1 million claim would not typically be enforceable. However, it does not need to be monetary. If releasing beforehand, the service or activity can be the consideration.
  • No Admission: There are several legal clauses that should be included in every document. A very important clause is that the releasee is not admitting liability for the dispute through the agreement.
  • Signatures: Both parties must sign the general release of liability. In many jurisdictions, it also needs to be signed by witnesses. Having a witness may be prudent even if not required in your state.

How to fill out a General Release of Liability with PDFSimpli in five steps?

  • 1: Prepare

    Before drafting your general release of liability, take a moment to gather information about the involved parties. Additionally, consider outlining the description of the dispute that will be released. It is also a good idea to negotiate the consideration in advance. Check the rules for witnessing and/or notarizing in your area. If you do this preparatory work, you will have an easier time writing the agreement.

  • 2: Choose Software

    Next, select a template and software that you will use for drafting. PDFSimpli has a wide range of templates for liability releases and other legal documents. You can edit them easily using the online editor. Additionally, you can save to the cloud and pick up your work from any device with a browser.

  • 3: Fill Out or Edit the General Release of Liability

    Once you have selected a template, start to fill it out with the relevant details. This should include all the elements listed above. Using PDFSimpli, you can fill in form fields and edit any terms that you want. However, be careful changing the legal language because precision is very important for a general release of liability.

  • 4: Review

    As the composition of this agreement is important to its enforceability, make sure to carefully review it. You can do so easily using the PDFSimpli online editor. Alternatively, watermark the document as a draft and print a copy. This is great if you like to proofread your documents using a pen.

  • 5: Save, Download, Print or Send for Signature

    Finally, it is time to sign the document. Remember that you may need to have your signature witnessed. You can sign it using PDFSimpli’s built-in tools then have your witness sign also. Send it straight to the other party for a signature. Alternatively, print, download or save the document to sign the old-fashioned way.

General Release of Liability frequently asked questions

Almost anything of value can be used as consideration for the agreement. If you are reaching an agreement after a dispute has already arisen, it is important that the consideration be reasonable. The agreement may be found unenforceable if the consideration is found insufficient or defective. If signing before offering a service or activity, the service can be offered as consideration.

This depends on the jurisdiction that the document is being signed in. Typically, there is no need for notarization. However, a witness may need to watch the parties sign and also sign the document him or herself. You can consider notarization if you want to make the document more formal and easier to enforce.

Anyone can use a general release of liability to resolve a potential or current legal dispute. It can be used by a business that wants to render a service that has an inherent risk of damages. Alternatively, it may be used by an individual or organization as part of resolving a dispute over an accident with an injured person, debt, or another issue.

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