Waivers and Releases
Waivers and Releases of Liability are reliable and valid legal tools that can be used to limit The University's liability. They are designed to protect the University and its employees from legal liability for injuries that may occur to individuals who participate in voluntary or required activities on or off campus. Risk Services, in conjunction with the Office of General Counsel, developed new waivers to be used at each location. Click here to find out how "Waivers can be Savers".
Support contact - Cheryl Lloyd 510-987-9289
Description: Waivers signed prior to participation are viewed by the law as contracts or agreements in which the participant agrees to excuse the University and its employees from fault or liability for personal injuries associated with the activity. If the participant agrees in advance that the University and its employees owe him or her no duty, recovery from negligence is barred.
Case law in California has defined how waivers and releases of liability should be printed, including their layout, bold-faced type, and font size. Change the waiver only to insert appropriate information into the blanks to reflect the activity. Keep the waivers in an organized and safe location (microfilming or electronic conversion is acceptable in lieu of the original hard copy.)
Each campus and medical center has a designated Risk Manager and supporting staff responsible for assisting the local campus with:
- Consult with you regarding the proposed activity
- Advise you on the appropriate waiver
Guidelines for issuing waivers: Matrix for Waivers and Release of Liability (doc)
Elective/Voluntary Activities - The elective/voluntary activity waiver should be used when a student or other individual participates in an elective/voluntary activity such as a field trip, recruitment program, study abroad, recreation program, or off-campus research activity. This waiver should not be used for activities that are mandatory or required as part of the course curriculum, nor should the waiver be signed by employees. If the user of the facility is a minor, the minor's parent must sign and date the waiver.
Elective/Voluntary Activity Waiver (pdf)
In Spanish (En Espaņol) (pdf)
Athletic Activities and Use of Facilities - There is a waiver to be used for athletic activities and facilities use. To determine which one is appropriate, please read the short description in the body of the waiver describing the risks of injuries and decide which one is more appropriate under the circumstances. There are five blanks in these waivers where the name of the facility or program/activity should be inserted. An individual using the facility should sign the waiver in two places. If the user of the facility is a minor, the minor's parent must sign and date the waiver in two places and should print the minor's name in the space provided in the upper right-hand corner. In the event a club or class uses the sports facility and you wish to reduce paper usage, the Facilities Use Waiver may be used in conjunction with the Group Use Waiver, which is simply a group signature form. With the exceptions of minors, have each participant read the waiver, sign and date the line next to the representation, "I understand and agree to the above waiver." The minor's parent or guardian must sign the facility use waiver as indicated above. As a reminder, please be sure to have the parent or guardian print the name of their minor on the space provided at the top of the form.
Mandatory Academic Activities - The third waiver for supervised academic activities omits the provision that exculpates or waives the University from its own negligence. This waiver should be used for required trips and activities where University employees acting within the course and scope of their employment supervise the participant.
Frequently Asked Questions
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