[CA] [CA] What should I include in a liability release form for friends and family who stay on my property?
Hello, we have a large property parcel in Mendocino, CA and have family and friends come to the property to camp, bike ride, hike, etc. We are very concerned about someone getting hurt or that a tree falls on their 150k motor home, etc. I have started a liability release form, but can you recommend additional text? I like the idea of a single sheet of paper and a place for the person to sign, so it’s fast and not awkward for parties involved.
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When dealing with liability waivers, especially for situations involving land use and recreational activities, it is crucial to understand that no waiver can guarantee absolute protection from lawsuits. Courts can, and often do, scrutinize these documents heavily. However, a well-drafted liability release form can significantly strengthen your position and act as a strong deterrent, potentially limiting your liability.
Given the specifics of your situation—which involves a large property, camping, biking, hiking, potential for falling trees, and high-value vehicles like RVs—here are some mandatory and highly recommended text elements to include. It is essential to consult with a California attorney specializing in liability waivers or premises liability before implementing any such form. They can tailor it to your specific property, activities, and California's legal nuances.
Here is a breakdown of key clauses and concepts:
- Make the title very clear, prominent, and in a larger font.
- Clearly state who is granting the release (the participant) and who is being released (you, family members, agents, employees, etc.).
- Acknowledgment of Risks — comprehensive and specific.
- List potential dangers. Avoid vague language. The more specific, the better: Explicitly state that the participant voluntarily assumes all risks.
- Release and Waiver of Claims — core of the release: Must be broad and clear that the participant is giving up their right to sue.
- Indemnification clause: Protects you if someone else (e.g., a family member of the participant) sues due to the participant's injury.
- Understanding and Acknowledgment clause: Confirms the participant read, understood, and voluntarily signed the waiver.
- Choice of law and venue—specify California.
- Minor participant clause if children will be present. Must be signed by a parent or legal guardian.
- Readable formatting – no tiny text.
Also:
- Post warning signs around the property (“USE AT YOUR OWN RISK”).
- Maintain strong insurance. A waiver is not a substitute for liability coverage.
- Ensure your homeowner’s or land policy covers recreational use by guests and high-value personal property (RVs).
California law is strict regarding gross negligence—no waiver can protect against that. (CACI No. 425)
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Hello, we have a large property parcel in Mendocino, CA and have family and friends come to the property to camp, bike ride, hike, etc. We are very concerned about someone getting hurt or that a tree falls on their 150k motor home, etc. I have started a liability release form, but can you recommend additional text? I like the idea of a single sheet of paper and a place for the person to sign, so it’s fast and not awkward for parties involved.
I understand your concern about liability on your property. Have you consulted with a lawyer before drafting the liability release form?
No.
Are there specific activities or areas on your property that you want to make sure are covered in the liability release form?
Yes, any and everything—property, personal injury, tick bites, anything!
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your liability release form.
No.
Hello and welcome to AskALawyer. I am Law Educator and I am pleased to assist you today with providing you the answers you are seeking for educational purposes only and no attorney-client relationship is formed. Sometimes responses and replies take time, and we ask you to be courteous and patient to allow the expert to type answers to you and also to others.
When dealing with liability waivers, especially for situations involving land use and recreational activities, it is crucial to understand that no waiver can guarantee absolute protection from lawsuits. Courts can, and often do, scrutinize these documents heavily. However, a well-drafted liability release form can significantly strengthen your position and act as a strong deterrent, potentially limiting your liability.
Given the specifics of your situation—which involves a large property, camping, biking, hiking, potential for falling trees, and high-value vehicles like RVs—here are some mandatory and highly recommended text elements to include. It is essential to consult with a California attorney specializing in liability waivers or premises liability before implementing any such form. They can tailor it to your specific property, activities, and California's legal nuances.
Here is a breakdown of key clauses and concepts:
- Make the title very clear, prominent, and in a larger font.
- Clearly state who is granting the release (the participant) and who is being released (you, family members, agents, employees, etc.).
- Acknowledgment of Risks — comprehensive and specific.
- List potential dangers. Avoid vague language. The more specific, the better: Explicitly state that the participant voluntarily assumes all risks.
- Release and Waiver of Claims — core of the release: Must be broad and clear that the participant is giving up their right to sue.
- Indemnification clause: Protects you if someone else (e.g., a family member of the participant) sues due to the participant's injury.
- Understanding and Acknowledgment clause: Confirms the participant read, understood, and voluntarily signed the waiver.
- Choice of law and venue—specify California.
- Minor participant clause if children will be present. Must be signed by a parent or legal guardian.
- Readable formatting – no tiny text.
Also:
- Post warning signs around the property (“USE AT YOUR OWN RISK”).
- Maintain strong insurance. A waiver is not a substitute for liability coverage.
- Ensure your homeowner’s or land policy covers recreational use by guests and high-value personal property (RVs).
California law is strict regarding gross negligence—no waiver can protect against that. (CACI No. 425)
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