Releases FAQ

What are releases?

The term “release” focuses on a wide spectrum of legally-binding contracts that deal with the willing yielding of specific rights and liabilities. A person might be asked to sign a “release” when beginning a certain risky training program, for example, that clears the training program of any liability should complications arise. In many cases, a release is simply a way of acknowledging that you’re attempting something “at your own risk,” and that you are putting your intent not to take any potential legal action down in writing.

Additionally, “releases” may refer simply to the yielding of any legal claims that exist in the past, present, or future, and not simply refer to any singular event.

When are releases used?

Releases can be used for a multitude of events and situations. A “General” or “Liability” release – perhaps the most common form of release - is employed whenever you want to avoid liability as a result of usage of property. Waivers work in a similar way. Other types of releases, such as promissory note releases, will release two parties from the conditions of a contract that was signed earlier.

What are some examples of releases used most frequently?

There are a wide number of releases used in different industries, businesses, and in daily life. Here are some of the most frequent releases you’ll come across:

• Waiver/Assumption of Risk: when you are about to tackle something at your own risk, you’re often asked to sign a waiver in order to release the other party from any liabilities they might otherwise have. For example, if you were to sign up for a swim training program, you might be asked to sign a waiver before the program begins.
• Accident Claims Release: if someone you know has been in an accident and is asked to sign an accident claims release, it often means that the other party is trying to mitigate their future risk. Essentially, being asked to sign an accident claims release means you’re being asked to release any claims or rights under law against a person relating to the accident.
• Entertainment Release: A category in and of itself, entertainment release forms can include contracts that parents sign to grant permission for children to work. Other releases – such as the usage of your image for still photographs or marketing material – also fall under this category.
• General Releases: Often used in settlements, these forms help ensure that someone is truly releasing their claims against an individual or business. It is required that something must be given in return in order to satisfy the element of contract consideration.

This is not meant as a complete list of releases, but as a list of examples of frequently-used release forms.

What’s the difference between a waiver and a release form?

A waiver is a type of release form, but a release form is not always referred to as a waiver. Instead, a waiver deals with the assumption of risk by one party. It is still a release form in that the person is still releasing their future claims against an individual or organization, but is unique from other release forms in that it deals exclusively with risk that has not yet been taken on.

If an accident occurs after a waiver has been signed, the difference between a waiver and an Accident Claims Release is that the waiver was signed before the accident took place; accident releases instead focus on claims that already exist.

What about releasing confidential information?

Releases can be used in order to release confidential information about yourself. For example, an Authorization to Disclose Health Information should be used whenever someone discloses privileged health information. Using one of these when you receive confidential information will be important in establishing that you had valid and lawful access to this information and were granted explicit permission to review it.

Because signing a release yields away rights and privileges such as access to confidential information, it’s important that you fully understand what you’re signing before you sign a release. This is also true for waivers and any other contract that deals with your release of future rights, such as intellectual property rights.

When are releases enforceable?

Provided that a release is valid (see below), it is enforceable upon both the signing of the contract itself as well as the satisfaction of the provisions it contains. For some releases, however, it will simply be a matter of enforcing a contract that is valid once signed. Waivers, for example, deal with the assumption of future risk and are therefore considered enforceable from the moment they’re signed unless the contract itself stipulates otherwise.

What are the requirements for releases to be valid?

Like many other contracts, issues like the age and mental capacity of the signee are important in determining whether or not the release signature is valid. But an issue particularly important to many releases is the issue of consideration.

In most contracts, “consideration” stipulates that in order for a contract to be valid, it should provide something of benefit to both parties involved. When it comes to General Release forms – often used in settlements, for example – this is particularly relevant. According to the law, someone should not sign away their claims, past and future, against an individual or entity without receiving some kind of compensation or benefit in return. For many other types of releases, consideration is an issue that will play a key role in determining whether or not the contract is valid.

When is a release effective?

Most releases stipulate that they are effective immediately upon signing, even though many releases apply to future events. For example, signing a waiver before attempting a high-risk stunt will not mean the waiver is not in effect until the stunt itself takes place. It’s important to review each release in order to understand the provisions relating to the effectiveness date of the individual release. If no such date is given, it is best to assume the release is effective upon signing.

Releases

• Release Forms Combo Packages

  Best Value Release Forms Combo Packages which contain some of the most frequently used release forms. Included are general, mutual and full and final releases, waivers and releases for use by contractors and activity releases for use in a variety of situations.

• Accident Claims Releases

  Popular - Accident Claims Release which allows one party to release another individual, or company, from any future claims resulting from an accident or personal injury claim. This form includes detailed information about the accident and any payment made in order to obtain this release.

• Full and Final Releases

  Popular - Full and Final Release for use in numerous situations and will release another party from past and present claims. This release sets forth the particulars about the incident and if any compensation was paid in order to obtain the release.

• General Releases

  Popular - General Release (also known as a Liability Release) which can be used in a variety of situations and will effectively release a party from future liability. This General Release sets forth the incident from which this release arises and any compensation paid in consideration of the release.

• Waiver and Assumption of Risk

  Popular - Waiver and Assumption of Risk forms for use when releasing or waiving claims arising from an accident or injury. Included are a general waiver and assumption of risk, physical activity release for use when participating in a sport or event such as a marathon or bike race and a release and indemnity for use by the owner of a guest home.

• Activity Releases

  Activity Releases which cover release of liability for a variety of activities. These forms include releases for a moon bouncer, trampoline and swimming pool, as well as a general release of all claims.

• Authorization to Disclose Health Information

  Authorization to Disclose Health Information allows an individual the flexibility to determine what types of health-related information they wish to release. This authorization allows you to set forth the specific information to be released, to whom and under what circumstances. This authorization complies with the Health Insurance Portability and Accountability Act (HIPPA) Privacy Rules.

• Conditional & Unconditional Waivers & Releases

  Conditional and Unconditional Waivers and Releases specifically designed for a variety of situations but generally used in the construction industry. Included are releases and waivers to be utilized when final and progress payments are made.

• Contractor's Release of Liens

  Contractor's Release of Liens will effectively release a lien on a property once a construction project is completed and paid for in full. This form is for use by both contractors and subcontractors.

• Employee Information Release Authorization

  Employee Information Release Authorization specifically designed to lawfully obtain employment records and information. These forms are for use by an attorney who is seeking a client's employment history or a prospective employer confirming the facts about a potential employee.

• Indemnity Agreements

  Indemnity Agreements for use by one party to protect against future claims or losses by another party arising out of a specific situation (such as an accident). This agreement sets out the type of situation and contains terms which binds the parties to the agreement.

• Mechanic's Lien Release

  Mechanic's Lien Release for use in verifying there are no outstanding contractors or mechanics claims against a property. This release is especially useful if subcontractors or suppliers were involved in a construction project.

• Mutual Releases

  Mutual Releases for use by two parties who seek to mutually release each other from all present or future liability. This document sets forth in detail the specific incident from which the mutual release arises and is legally binding on both parties.

• Product Liability Release

  Product Liability Release for use when releasing another from all claims resulting from use of a certain product. This form sets out a description of the injury and if compensation was paid for the release.

• Promissory Note Release

  This attorney-prepared Promissory Note Release Kit is specifically designed to allow for a release based on something other than full payment of the underlying promissory note. Whether the note is satisfied by a gift from bearer or based on a concurrent release of claims between the maker and holder of the note, this Kit includes the guidelines and examples you will need to tailor your release to your unique needs. Available to download immediately and for use in all states.

• Release & Settlement Agreements

  Release and Settlements Agreements for use in settling disputes or to release another party from past liability. Included are releases which relate to general debt, medical expenses and litigation which is ongoing.

• Security Interest Release

  Security Interest Release will effectively release property which was used as collateral for a loan. This form contains the relevant provisions and can be tailored to fit your situation. Why hire an attorney when you can purchase this attorney-prepared form at a fraction of the cost?

• Talent, Model and Entertainment Release

  Talent, Model and Entertainment Release forms which provide a vast array of entertainment industry-related releases. These releases include a talent and model release for both minors and adults, quitclaim release which involves intellectual property and a submission release for use when submitting an original screenplay.

• UCC Release

  UCC Release which sets out in detail the release of UCC financing obligations. This release will be filed with the state in order to prove that all payments for goods have been satisfied.