Release of Liability Agreement

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A release of liability agreement is used to release one or several parties from legal liability. This document helps to settle conflicts outside of a court in a legal and fair way.

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Image showing the first page of a "Release of Liability Agreement" form. It includes blank fields for the date, names, and addresses of Party A and Party B. The document outlines that both parties agree to release each other from any claims or liabilities related to a specified incident. Section 1.1 begins the "Release of Claims" with general provisions.

What is a release of liability agreement?

A release of liability agreement, or a release agreement, is a legally binding document where one party agrees to waive their legal claims against another party, typically in exchange for compensation.

A simple release of liability form allows the party to settle the dispute without going to the court. The present template can be used for the following situations:

  • car accidents;
  • personal injuries;
  • contract settlement (e.g., service agreements);
  • debt settlement;
  • other general claims, etc.

The parties involved in a release of liability agreement are a releasor and a releasee. A releasor is a person who waives their legal claims to the party, while a releasee is a person who is being released from such claims.

How to draft a release waiver agreement?

A well-drafted release waiver agreement shall include a number of key components to be a legally sound document. Below we made a breakdown of the most essential elements every release waiver agreement shall have:

General Information

Every release agreement sample shall include basic information such as:

  • full party details (names, addresses, and signatures);
  • the date of signing the release agreement; and
  • governing law clause.

Type of Release

There are several forms of release that may be used in a release agreement sample:

  • one-way or single release contract (i.e., when one party releases the other from all liabilities);
  • mutual release agreement (i.e., when both parties release each other from all liabilities).

Depending on the chosen type, the final wording of a release agreement sample shall differ dramatically.

It is also common to release from liability in full for all claims and partially for certain claims only.

Compensation

Despite if it is a one-way release or a mutual release agreement sample, a party that releases another from a liability has a right to compensation.

The law does not define the exact form in which such compensation should be paid. Therefore the parties may select either of the following:

  • a monetary or cash compensation;
  • compensation with securities or shares;
  • compensation with other non-material benefits (e.g., free membership);
  • compensation with goods or property.

The exact value of a compensation shall be stated directly in the text of a contract as well.

Confidentiality Clause

A comprehensive agreement releasing from liability may also include a confidentiality clause. This clause helps to prevent either party from disclosing the terms of the settlement to the third parties, including:

  • details of the incident;
  • details of the compensation;
  • other important considerations, if any.

Usually, a contract template to release from a liability does not limit a confidentiality obligation in time.

How to customize an agreement template at Faster Draft?

To personalize your document template, follow a few easy steps below:

  1. Click the button “Create Document.”
  2. Answer simple questions online.
  3. Select a document’s format—release liability agreement PDF or Word.
  4. Make a payment.
  5. Download, print, sign and use customized document in seconds.

Frequently Asked Questions (FAQ)

1. How to sign a release of liability agreement?

Both parties to a release liability agreement shall put their signatures at the end of the document. Failure by either party to put their signature results in a document not being legally valid.

Parties may put their signature by hand or using online e-signature tools. Both methods of signing a release of liability agreement are acceptable.

Neither federal nor state laws require parties to additionally notarize their signatures.

2. What is the difference between a debt settlement agreement and a release of claims agreement?

A debt settlement agreement is a legal contract between a creditor and a debtor regarding the settlement of a debt that arose based on a loan agreement, promissory note, or other similar financial document. In the text of a debt settlement agreement, a debtor recognizes the existence of a debt and accepts new terms and conditions under which such a debt shall be repaid.

A release of claims agreement is a legal contract according to which one party releases the other party from a liability that arose due to a contractual or non-contractual arrangement. By the legal scope, a release of claims agreement is much broader, as it applies to various situations, including:

      • release of liability due to a car accident;
      • release of liability for a personal injury;
      • release of liability due to other incidents, etc.

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