Tuesday, January 12, 2010
Darby Dickerson (Stetson) has posted to SSRN Sign and Release? Using Waivers and Releases as Risk-Management Tools. The abstract provides:
Many on- and off-campus activities provide students with tremendous educational and social benefits. But these same activities can also carry risks. As part of an overall risk-management plan for an activity or an event, a campus activities department might consider whether it is appropriate to request participating students to sign a release, waiver, or similar exculpatory agreement.
Although many think of waivers and releases simply as tools to shift risk or avoid liability, they can actually be used for our students’ benefit. If properly drafted, waivers and releases can provide students with a balanced view of the activity, convey information that will allow them to decide whether to participate, and educate them about how to stay safe while participating.
It is best to view waivers and releases as just one part of a comprehensive risk-management process, and not as stand-alone documents or single-step risk plans. It is also important to understand that an activities department should not have a “standard release.” Instead, waivers and releases should be tailored to the particular event, activity, or trip. The article expands on these and related points.