Top 5 Things to Consider for Liability Waiver in Dallas
Dallas businesses and entrepreneurs need to consider a few things when crafting a liability waiver that adheres to local laws3 min read
Dallas businesses and entrepreneurs need to consider a few things when crafting a liability waiver that adheres to local laws. Liability waivers act as a release or protection from legal responsibility should any injury or damage occur on the part of the company or an individual. That said, choosing the right legal counsel and understanding state-level waivers is paramount. Following are five key points of consideration when drafting a liability waiver in Texas’s third-largest city.
1. Choose the Right Legal Counsel
Businesses and entrepreneurs in Dallas need to know who to turn to when creating a liability waiver. The reality is that laws vary from state to state, and navigating Texas-specific regulations can be challenging. Therefore, it’s essential to select the appropriate business lawyer that understands the Dallas area’s legal system. A lawyer with expertise in the matter is pivotal to ensuring that your waiver meets all necessary requirements.
When searching for the right lawyer for the job, look for firms or individuals who are knowledgeable, communicative and transparent about pricing. Most importantly, however, make sure they have the experience necessary to cope with Dallas laws regarding liability waivers. One trusted option is UpCounsel. UpCounsel is a network of experienced attorneys with an average of 14 years of experience. They provide profiles of online attorneys that include client ratings and reviews, as well as an array of services that cater to businesses from small start-ups to Fortune 1000 companies.
2. Research the Statutory Requirements
Before drafting a liability waiver, it’s important to understand the legal requirements imposed by state laws. Dallas waivers must comply with the law of the state, and while Texas follows the doctrine of comparative negligence, the agreement should still state that the waiving party accepts responsibility and agrees to waive their right to sue in certain cases. Moreover, under Texas laws, certain waivers may also be deemed unenforceable due to public policy considerations, express provisions of the Texas Civil Practice & Remedies Code, and other factors.
3. Be Aware of Your Liability Exposure
Another element to keep in mind when drafting a liability waiver is the degree to which the company is exposed to legal responsibility. After all, no two business operations are the same, and companies in Dallas may face different liabilities, depending on the specifics of each circumstance. Companies across the industries will need to assess their risks and exposures and create a liability contract that accurately reflects their needs.
Furthermore, waivers can be modified and tailored to the individual needs of businesses. This is especially important for unique situations, such as when a company requires protection against its own negligence. Businesses should also factor in any liabilities that could potentially arise due to their own involvement in an incident.
4. Ensure Waiver is Readily Accessible
Businesses in Dallas must provide ready access to their liability waiver and make a good-faith effort to ensure that individuals are aware of the waiver’s contents. Depending on how the company operates, this could mean posting the waiver in publically-viewable areas or having the liability agreement easily retrievable from the business’s website.
For entrepreneurs and companies that cater on a face-to-face basis, it may be necessary to provide the agreement to customers at signing or provide them with a copy before they participate in activities organized by the business. What’s more, if the waiver is part of a contract, then businesses should also explicitly state to its customers that the agreement is part of the deal.
5. Include All Necessary Information
Dallas businesses should provide all of the necessary information in their liability waiver. The contract should include the name and address of the parties involved in the agreement, the date of the contract’s creation and a certification or disclaimer of the company’s liability.
Furthermore, the contract should contain a release of liability and indemnification clause that explicitly explains the extent of a party’s responsibility for damage or injury. Providing the customer with clear language will help them understand what they are signing and that they accept full responsibility of the waiving party should any incident occur.
Businesses in Dallas must take into account several things when creating a liability waiver. From being mindful of the local regulations to understanding a company’s potential liability, it’s essential to have experienced legal counsel that understands the nuance of the Dallas area’s laws when drafting the agreement. Making sure to include all of the necessary information and providing easy access to the waiver are all essential elements of constructing an effective liability agreement.