[OR] Is your nonprofit waiver legally compliant?

Lexi, Chatbot

I understand how important it is to ensure your disclaimer or waiver is legally sound for your non-profit Foundation. Can you tell me what specific areas of the disclaimer/waiver you are most concerned about?

Lexi, Chatbot

Have you already drafted the disclaimer/waiver, or are you looking for assistance creating one from scratch?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured, they’ll be able to help with your disclaimer/waiver.

Brandon

Hi there, my name is Brandon, and I’m an attorney. I’ll be happy to help you today. Please note that this discussion is for guidance only and does not create an attorney-client relationship. My responses should not be taken as formal legal advice. Also, I may need time to review your materials carefully, so thank you for your patience if there’s a delay.

How can I assist?

Brandon

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Brandon

Yes, please see my introduction above — you can paste it directly here.

Brandon

Please paste it here.

Brandon

Thank you for sharing the full text. Here’s my detailed legal analysis and recommendations:

Brandon

1. General Enforceability of Liability Waivers in Oregon

Since your organization and events are hosted in Oregon, state law will govern. Oregon courts generally enforce liability waivers if:

• The language is clear and unambiguous,

• The scope is reasonable (not overly broad),

• The waiver is not unconscionable or against public policy, and

• It does not attempt to waive liability for gross negligence, recklessness, or intentional misconduct.

Your waiver is detailed but arguably too broad in places, which could risk certain portions being invalidated as overreaching.

2. Indemnification and Release Clause

You’ve included an extensive indemnification and release section naming individuals, spiritual titles, properties, and entities.

Concerns:

• Overbreadth: Clauses that release “all parties in all respects” are sometimes rejected as excessive or unclear.

• Duplication: The same clause appears twice, which may cause confusion without providing extra legal benefit.

• Vague Language: Phrases like “in all respects” or “absolve from all liability” could be deemed too broad to enforce.

• Public Policy Limitations: Oregon law won’t uphold waivers that excuse gross negligence or intentional harm.

Recommendation:
Simplify and clarify. For example:

“I acknowledge that participation involves certain risks, and I voluntarily assume full responsibility for any injuries or illness that may occur as a result of my participation. I agree to release and hold harmless The Foundation for Meditation Studies, its officers, board members, staff, volunteers, and property owners from any claims arising from my participation, except in cases of gross negligence or intentional misconduct.”

Also, consider referring to entities collectively (“The Foundation and its representatives”) rather than listing individual names repeatedly.

3. Medical Disclosures and COVID-19 Clause

Your COVID-19 testing and disclosure section is detailed and generally reasonable.

However:

• The indemnification language (“I agree to indemnify, defend, and hold harmless … for my illness in any way”) may not hold up if the illness could stem from negligence by the Foundation.

• Public policy prevents contracting out of certain health and safety responsibilities.

Suggested Revision:

“I understand that participation may expose me to communicable diseases, including COVID-19. I agree to follow all safety protocols and acknowledge that the Foundation will not be liable for any illness unless caused by gross negligence or intentional misconduct.”

4. Kundalini Yoga and Assumption of Risk

This section is strong — it clearly warns participants of the physical risks involved.

Suggestions:

• Have participants initial this section separately for added enforceability.

• Explicitly advise consulting a physician before participation rather than only “if concerned.”

Courts are more likely to uphold waivers that show participants were specifically aware of, and accepted, the risks involved.

5. Media and Recording Rights

This section is legally solid and common for nonprofit organizations.

Clarifications to Add:

• Specify whether recordings may be used for educational, archival, or commercial purposes.

• Include:

“I waive any rights of publicity or privacy associated with these recordings.”

This ensures protection if footage is ever distributed or published publicly.

6. Refunds, Policies, and General Rules

These appear fair and enforceable under Oregon contract law. Ensure that:

• The refund policy is visible before registration,

• It is applied consistently, and

• Each participant expressly acknowledges and signs it (or electronically agrees if online).

The drug, alcohol, smoking, and no-recording policies are reasonable and help preserve the environment of your events.

7. Children’s Attendance Clause

Your “no children” policy is fine but should be clearly noted in event materials and registration confirmations to avoid confusion.

Brandon

Overall, your waiver is comprehensive and well-intentioned, but could benefit from clearer, more concise legal language to make it more enforceable and less vulnerable to challenges.

Brandon

You’re very welcome! Feel free to add me to your favorites. Whenever you have another question, you can start a new one and request me directly by name — @BrandonEsq.