Search Site
Menu
I Hereby Waive and Release…

Waivers and Releases: Are They Even Binding?

We have all seen them, a sign that reads “We are not responsible for any accidents… blah, blah, blah…”  or have even signed a waiver that reads, “I hereby release XYZ Company for any damage or injury… blah, blah, blah…”  The fact is, we live in very litigious times and we see these types of waivers and releases every day.  If you are like most Americans, you probably spend as much time reading the sign or the release as you do reading the pages and pages of legalese that you are supposed to read before clicking “I accept” when registering on a new website or installing new software.  As any good attorney would tell you (whether we heed our own advice or not), you should always read everything before you sign it, especially if it is an agreement attempting to or purporting to cause you to waive rights that you would otherwise have or release the other party from liability that they would otherwise shoulder.

As a rule of thumb, a business cannot (by posting a sign, having you sign a contract, or having you click that you “agree”) be absolved from all liability, particularly if opposing party is injured due to the gross negligence or willful misconduct of the company or business.  However, waivers and releases generally can serve to the limit the liability of a business if 1) they are property drafted, 2) the waiver or release does not violate public policy, statutes, rules, regulations or laws and 3) the release of liability must be expressed in unambiguous terms within the four corners of the contract in a conspicuous manner that must alert the party signing that he or she is waiving damages or releasing the business from liability.

As with any contract or legal document, it is critical that a company wishing to use a waiver or release ensure that it is properly drafted and legally binding.  At the Strong Firm, we help hundreds of clients each year draft waivers and releases that will stand up to the scrutiny of a legal review, and we would love to do the same for you and your business.

Eric R. Thiergood, Sr.

Phone Number: 281-367-1222

Fax Number: 281-210-1361

[email protected]

 

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact a Dedicated Texas Business Lawyer To Schedule a Consultation
Call 281-367-1222 or contact us online to schedule a meeting.

Strong In Action

  • Spring 2019

    The Strong Firm represents borrower in $42.3 million HUD construction loan for multifamily real estate development in Walton County, Florida.

    Read More
  • Spring 2019

    The Strong Firm acts as legal counsel for borrower in $32.1 million HUD construction loan for multifamily real estate development in Conroe, Texas.

    Read More
  • Spring 2019

    The Strong Firm aids borrower in $31.7 million HUD construction loan for multifamily real estate development in Nueces County, Texas.

    Read More
  • Spring 2019

    The Strong Firm represents borrower in the refinancing of a $3.57 million commercial mortgage-backed security for a commercial office facility in Montgomery County, Texas.

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
  • Peer Rated 2019 Award

Recent Blog Posts

Wait… Lawyers Do That?

Since the founding of the Strong Firm P.C. in 2004, we have prided ourselves on not only providing excellent legal services, but also playing a large role in our community. Every year I have the opportunity to speak to area students from first grade through college grad students on legal-related
Read More
Wait… Lawyers Do That?

Part II – Probate: Identify the Most Efficient Probate Proceeding – Muniment of Title

Texas law provides several options to transfer ownership of a deceased person’s (usually called a “decedent”) property. We previously discussed the difference between a dependent and an independent administration. The dependent and independent administrations are used when the deceased person’s estate exceeds some minimal thresholds for size or complexity, such
Read More
Part II – Probate: Identify the Most Efficient Probate Proceeding – Muniment of Title

But You are My Attorney, not My Dentist…

Preventive maintenance for your entity from a legal perspective   “An ounce of prevention is worth a pound of cure.” 'De Legibus' (c. 1240) by English Jurist Henry De Bracton   Potential Client:       “I have owned a limited liability company for several years. I haven’t had any issues, but someone is interested in investing
Read More
But You are My Attorney, not My Dentist…

Don’t Fall for This Chinese Trademark Scam

Don’t Fall for This Chinese Trademark Scam A trademark is any word, name or symbol used to identify and distinguish goods and services. For business owners, trademarks provide an easy way to build customer loyalty and communicate the quality and source of goods and services. Businesses often spend a great deal
Read More
Don’t Fall for This Chinese Trademark Scam
  • Video Vault


    Watch videos done by our legal team to gain a better understanding of your legal needs. Our lawyers give video insight into areas such as Real Estate, Business Law, Mergers & Acquisitions and much more.

Pay Retainer Online

Use our easy-to-use and secure online payment feature.
We accept all major credit cards.

Pay Your Retainer

Contact us

Quick Contact Form