Please note the following information is NOT legal advice and is here to give you a very basic understanding of indemnity waivers as they relate to Red Hatting. If you have any questions please see a professional Lawyer.
In layman’s terms, an Indemnity waiver as it would be used for a Red Hatting event is where you sign a document to say that you agree to accept all the risks involved in partaking in the activity, and agree not to hold the organisers responsible for any injury/harm caused to you, or by you, as a result in your participation.
Having attendees sign an indemnity waiver when booking for an event, and having members sign one when joining your chapter may offer some protection, however it may not be a substitute for Public Liability Insurance. Liability waivers are not always considered to be legally binding, particularly if the terms are considered unreasonable and if if the host has been grossly negligent. However if someone does injure themselves because of something that was of their own doing, then a waiver may help you establish that they were aware that there may be some risks involved with their attendance at the event.
You may also like to include a photographic release as well, which clarifies that there will be photographs and/or video taken at the event, which you may use this for publication online etc.
Searching online for an Indemnity Waiver will give you a lot of example waivers you could use to draft a waiver that works for your specific situation. Some general waivers that have been used by Chapters are offered below as an example. Please note these are examples and are not guaranteed to be legally binding. You should talk to a lawyer to obtain further advice.
Indemnity Waiver Example #1
By signing this Waiver, I fully assume the dangers and risks in participating in this activity ({name of activity}) and agree to use my best judgment while engaging in these activities. I further agree to indemnify and hold harmless the organisers ({Queen’s Legal name and Chapter name}) from and against any and all liability incurred as a result of or in any manner related to my participation in the activities.
Indemnity Waiver Example #2
By filling in this registration form for the {name of event} , I hereby agree to waive any liability to {Queen’s Legal Name} or any member of her chapter for any personal loss or injury that may result from any activity during the event, including but not limited to, traveling to and from the event.
Indemnity Waiver Example #3
I, ________ (Participant’s Name) Understand, acknowledge and accept that:
I knowingly and freely assume all risk, both known and unknown, even if arising from the negligence of the hosts or any of their individual members of participants or others, and I voluntarily participate at my own risk and assume sole responsibility for any injury, death or property damage I may suffer that arises from my participating in any of the activities.
Indemnity Waiver Example #4
The event {Name of Event} to be held in {Location} on {Date} is being hosted by {Chapter name and location} . This chapter is not incorporated and has no rules or by-laws. In consideration of being permitted to participate in the event and its associated activities.
I, ______________ (Name of Participant)
Understand, acknowledge and accept that:
I knowingly and freely assume all risk, both known and unknown, even if arising from the negligence of the Hosts or any of their individual members or participants or others and I voluntarily participate at my own risk and assume sole responsibility for any injury death or property damage I may suffer that arises from my participating in any of the activities.
I understand and acknowledge the dangers associated with the consumption of alcohol or any mind altering substance before and during any of the activities and I take full responsibility for any injury, loss or damage associated with any consumption and I take sole responsibility for my actions.
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release and hold harmless and agree not to sue the hosts, or any of their individual members, volunteers, agents and sponsors (all of whom are referred to as releasees) with respect to any and all injury, disability, death, loss or damage to person or property, whether caused by the negligence of the releasees or otherwise.
EFFECT OF THIS DOCUMENT
I have had sufficient opportunity to read this release of liability and assumption of risk agreement, I fully understand its terms and understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without inducement of any kind.
I understand that my signature to this document constitutes a complete and unconditional release of all liability of the releasees to the greatest extent allowed by law in the event of me suffering injury or death or property damage.
SIGNATURE ________________________________ DATE __________
.
Photography Release Example
I hereby consent to and authorize the use and reproduction of any and all photography
and/or videography that has been taken of me this day for any purpose, without compensation to me.
Red Hats Victoria 