An organization should consider using a participant waiver in any event where the nonprofit can identify the persons participating in the activity prior to the event. However, often such waivers do not absolve the nonprofit from liability for injuries directly caused by its negligence. The validity of a waiver may depend on when the person executed it. Waivers written before any damages actually occur generally seek to establish that the individual recognizes the risks involved in a forthcoming activity and voluntarily consents to accept the consequences of those risks in exchange for the opportunity to participate. Waivers executed after an injury are on much more solid legal ground because the value of the exchange is less speculative.
Claimants often execute such a waiver in conjunction with a settlement arrangement.
In either event, consult legal counsel when drafting such agreements. The law governing waivers varies widely from state to state and some states prohibit their use in certain situations. Informed consent . An informed consent form does not attempt to excuse an organization from responsibility for its own negligence. Instead, the form seeks to relieve the nonprofit from liability for the inherent risks of an activity itself.