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Legal Recognition of Release Forms

Some states will recognize these forms, though not always.

Key point. "Release forms" signed by competent adults will be recognized by the courts in some states, and will prevent one who signs such a form from suing specified persons or organizations for negligence.

A Texas appeals court ruled that the family of an adult student at a scuba diving school who died as a result of injuries sustained during diving lessons was prevented from suing the school as a result of a release and assumption of risk that she signed. Prior to participating in diving lessons the victim had to sign a release and assumption of risk form that provided in part:

I hereby affirm that I have been well advised and thoroughly informed of the inherent hazards of scuba diving. Further, I understand that diving with compressed air involves certain risks …. I hereby personally assume all risk in connection with said course for any harm, injury or damages that may befall ...

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Posted:
  • March 1, 1996

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Church Issues: Waivers and Release Forms and Church Liability
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What these documents do—and don't do—based on statutes and court decisions made nationwide.