1) A free online template will not apply to your business.
The person (or computer program) who wrote the free online liability waiver template that you are trying to use for your specific business has no idea what your business is. Does the template or form refer to the specific dangers or possible injuries that could occur during your guest or client’s use of your services? Does the form refer to your other contracts or business documentation that those clients have signed? Learn how a Bear Proof Liability Waiver applies to your specific business or service and why that matters when protecting your business.
2) Liability waiver templates do not take into account state law regarding waivers of liability in your state.
Colorado is a very recreation-focused state—The courts in Colorado have issued several decisions regarding enforcement of liability waivers and when and how business can or cannot rely on them for protection. Looking at these decisions by the Court are absolutely essential in helping you and your employees understand what the waivers do and do not cover. This is essential knowledge and skill that free online forms simply do not provide. Bear Proof Liability Waivers drafted by The Law Office of Nathaniel Gilbert, LLC are crafted specifically for the state in which the services or business is being offered.
Attorney Nathaniel Gilbert is an avid hunter and attorney for the hunting industry. Being an avid outdoorsman helps Nate understand and appreciate the common questions and risks associated with guiding and outfitting in Colorado. Working with an experience attorney to craft your custom liability waiver helps protect your business from the worst case scenario.
3) Free online templates prioritize short waivers over complete and fully functional waivers.
Forms downloaded from an anonymous site often fail to contain such provisions as arbitration clauses, prevailing party attorney’s fees coverage, and jurisdictional choice clauses. Provisions applying to where any suit for injury can be brought and arbitration clauses help prevent you from being dragged into litigation 10 states away from your business. Failing to include a provision for attorney’s fees can prevent you from being awarded damages in the case of a frivolous injury lawsuit (good thing those never happen…). Bear Proof Liability Waivers are drafted with intricate protections that prevent unnecessary litigation and provide for the reimbursement of fees in the case of frivolous lawsuits.
