Transferring Sports Liability...

3. A phrase to the effect, "In consideration of being allowed to participate in...," should be the outset of the release.  It has special legal meaning as the foundation for the release, confirming that for the privilege of participating, the participate is willing to relinquish important rights.  The organisation must require all participants who are permitted into any area during the activity to sign a release as a condition for participation.
4. A statement as to the inherent nature of the activity should precede an assumption of the risk which in turn should precede the actual release language.  The document should not attempt a full list of the risks involved.  Full knowledge of all such risks can not be imparted, and inherent risks are not the only risks to be accepted.  A listing of principal safety concerns can be shared through a companion document, signs at the place of registration, and orientation discussion.  The risk of injury being acknowledged and accepted needs to be explicitly characterised as "serious" or "dangerous" mentioning permanent disability or "paralysis" as well as death.
5. The personalised first person (so "I agree...") is much preferred over the impersonal third person "the participant agrees ..."
6. The document should clearly state that it is a release.  It should also clearly state before signature that the person has read and understood it.  These statements should be in bold and/or full caps.
7. Unless the release expressly extends to "acts of negligence to the fullest extent permitted by law," the court may not interpret the release as covering claims of ordinary negligence.

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8. Where minors are to be permitted to participate, they should sign along with their parent/guardian, with the non-participating parent/guardian needing their own relevant phrasing immediately following on the same sheet.  It is advantageous, both educationally and legally, for a junior participant to acknowledge by signature the risks and responsibilities of participation.
   
   The use of consent forms is either to accompany or replace the release.  If accompanying, it should obtain at least the participant and parental consent for emergency medical attention to be provided if warranted.  If a consent form is used in lieu of a release, the assumption of risk aspect of the release needs to be added.

Any such document that requires signature as a term and condition for participation needs to be retrievable.  Procedures for collecting, storing, and retrieving these forms are as important as the phrasing constituting the agreement.  As for length of storage, especially if minors are involved, up to 10 years is a good rule of thumb.

Warnings

Warnings are more directed at the tortious duty of care and usually arise in circumstances where a contract is not available or appropriate.  Warnings are highly appropriate for outdoor recreation activities.  A warning sign by an occupier which tells of the existence of the danger may satisfy the standard of care to go to the discharge of the duty, and thus limit or extinguish potential liability in tort.  Conversely the failure to erect such a sign may lead to a finding of negligence.

Continued ....