Legal Question in Entertainment Law in Missouri

Re: Should a waiver be returned

Please specify what type of waiver you are talking about. A waiver of copyright? A waiver of right of privacy? A waiver of tort liability? A waiver of a guarantee? A waiver of real estate property rights?

I would think you would just give a photocopy of a waiver if someone wanted one.

Re: Should a waiver be returned

If your query is about a liability waiver (e.g., if attending a baseball game, the waiver would mean that the members/guests could not claim damages against the club if hit by an errant baseball), then the return of the waiver document is really not the important issue; rather, it is being used as a proxy for rescinding the waiver. A past member or guest has every right to rescind the waiver on a going-forward basis; conversely, they have no ability to nullify it as to prior events.

You can cheerfully return their waivers under cover of a letter that confirms that the waivers are ineffective as to future events (which they cannot attend unless they submit a new waiver), and confirm that the return of the waivers does not have any retroactive effect. Obviously, keep a copy for your records.

Best wishes,

LDWG