Legal Question in Civil Litigation in Ohio

Hold Harmless or Release of Liability

Is there a form available for Release of Liability for injury,accidents,etc. individual(s) Leading a Group Hike or hikes for a Condominium Hiking Club


Asked on 10/03/07, 2:48 pm

2 Answers from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Re: Hold Harmless or Release of Liability

Dear Reader,

Please consider this basic form for your use:

ACTIVITY RELEASE AGREEMENT

Describe Event or Trip: ______________________________________________

_________________________________________________________________

Dates (beginning and ending): _________________________________________

_________________________________________________________________

Purpose:__________________________________________________________

_________________________________________________________________

In consideration of the acceptance of my application for entry into/participation in the above event/activity, I hereby waive, release and discharge any and all claims for damages, for death, personal injury, property damage, or loss of any kind, which I may have or which may hereafter accrue to me, against the Activity (Name):______________________________, Address: ________________________

_____________________________________________________________________.

This release is intended to discharge (Name of Entity): ___________________, its Directors, officers, managers, Team Leaders, employees, volunteers, and all other participants in this activity andevent, from and against any and all liability arising out of or connected in any way with my participation in the event/activity, even though that liability may arise out of the negligence or carelessness on the part of entities, persons or agencies mentioned hereinabove.

I further understand that accidents and injuries may and can arise out of participation in this event/activity; and knowing the risks, nevertheless, I hereby agree to assume those risks and to release and to hold harmless all of the persons and/or entities and/or agencies mentioned above who, whether through negligence or carelessness, might otherwise be liable to me, or my heirs or assigns for all claims of any kind. It is further understood and agreed that this waiver, release and assumption of risk, is to be binding on me, my heirs and assigns.

I have read this entire Release Agreement, I fully understand it and I agreed to be legally bound by it.

THIS IS A RELEASE OF YOUR OF RIGHTS; READ CAREFULLY BEFORE SIGNING.

__________________________________________ _______________________

(Releaser's Signature) (Date)

_____________________________________________________________

(Parent or Guardian must sign If Releaser is under 18 years of age) .

Good luck.

Sincerely, J. Norman Stark, Cleveland, Ohio.

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Answered on 10/03/07, 3:10 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Hold Harmless or Release of Liability

The form provided by Mr. Stark is a good one. You should know, though, that in most states such a release cannot avoid liability for acts of negligence that increase the risk of injury inherent in the activity. You may want to check on this for Ohio. Perhaps an Ohio attorney can address this issue.

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Answered on 10/03/07, 3:42 pm


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