[CA] [CA] Two people are auditing my company’s preseason training. Will a release of liability protect my company if something goes wrong?
I have a company that is a wildland fire support contractor. I have two people auditing my company’s pre-season training. They have not been hired and I want them to each sign a release of liability at the start of training.
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Overall, your current release of liability is well-written and covers the essential legal protections. Here are a few improvements to consider:
- Clarify Party Labels
There’s a labeling mix-up: the Releasor is incorrectly called the “Releasee” in the second line. It should be:
“Releasor: [Name]... hereby releases Releasee: [Your Company Name]...” - Define Scope More Clearly
It’s good that you state it’s for “observational and evaluation purposes,” but in order to better comply with California's requirement that liability waivers be clear, unambiguous, and explicit, consider specifying (Sanchez v. Bally Total Fitness Corporation (1998)):- That there will be no physical participation or interaction.
- That the individual waives any claims even if injured as a bystander.
- Specify Jurisdiction
Add a brief clause specifying the governing law, such as:
“This Release shall be governed by the laws of the State of California.” - Include an Emergency Contact Clause (Optional)
Including a simple emergency contact line can be helpful if anything were to happen during the observation period.
Also, one clause you could use that's missing:
Governing Law:
This Release shall be governed by and construed in accordance with the laws of the State of California.
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I have a company that is a wildland fire support contractor. I have two people auditing my company’s pre-season training. They have not been hired and I want them to each sign a release of liability at the start of training.
Lexi, Chatbot
I understand the importance of ensuring liability protection for your company. Have these individuals expressed any concerns about signing a release of liability?
No they’re both okay with signing the release. I just want to make sure the general release on eForms will cover me if something goes wrong.
Lexi, Chatbot
Are there any specific terms or clauses you would like included in the release of liability document for these auditors?
Just that it cover the pre-season spring training from March 24, 2025 to April 3, 2025. Also that attending the training is not a promise of future employment. They are attending the training on their own free will to understand more about the company.
Lexi, Chatbot
Is there anything else the Employment Lawyer should know before I connect you? Rest assured they’ll be able to help with your liability release document.
No I think that’s it.
Gurney P
Welcome and thank you for using AskaLawyer. My name is Gurney, and I'm the attorney who will be assisting with your question.
Gurney P
Would you like to include any additional information about the training or the auditors' roles that could be relevant for the release?
This is what I have now from eForms. Is it solid?
Gurney P
Overall, your current release of liability is well-written and covers the essential legal protections. Here are a few improvements to consider:
- Clarify Party Labels
There’s a labeling mix-up: the Releasor is incorrectly called the “Releasee” in the second line. It should be:
“Releasor: [Name]... hereby releases Releasee: [Your Company Name]...” - Define Scope More Clearly
It’s good that you state it’s for “observational and evaluation purposes,” but in order to better comply with California's requirement that liability waivers be clear, unambiguous, and explicit, consider specifying (Sanchez v. Bally Total Fitness Corporation (1998)):- That there will be no physical participation or interaction.
- That the individual waives any claims even if injured as a bystander.
- Specify Jurisdiction
Add a brief clause specifying the governing law, such as:
“This Release shall be governed by the laws of the State of California.” - Include an Emergency Contact Clause (Optional)
Including a simple emergency contact line can be helpful if anything were to happen during the observation period.
Also, one clause you could use that's missing:
Governing Law:
This Release shall be governed by and construed in accordance with the laws of the State of California.
This is a different version from eForms. I think this one incorporates many of the things above. I already have an emergency contact on file for him. Is this a better version? I made sure to add the governing law clause.
Gurney P
Look at that, ok. It looks fantastic!
Awesome. I’ll use this one. Thank you.
Gurney P
Sure thing! I’m glad that helps. Did you have more questions on your mind today?
I’m having them sign a simple NDA too. Here is the one eForms gave me. Is this good or does it need tweaking?
Gurney P
I’d say it’s great. Not seeing what I’d recommend changing on that NDA.
Perfect. Thank you. That’s all I have for the night.
Gurney P
Ok, I’m glad I could help clear that up for you! Thank you too for letting me answer your questions today. And if more questions come up later, I’m always available for you in a new chat.
Gurney P
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