Release of Liability Forms in Alpharetta

For an Alpharetta business owner, time spent sorting out disputes in a courtroom is time diverted from running your company. Although you cannot always anticipate if a disgruntled former employee will sue you or if you will back out of a lopsided contract, it is important to think ahead and plan.

One way to avoid court is to discuss release of liability forms in Alpharetta with an attorney. At Sparks Law, an experienced business lawyer could draft these documents and help you settle matters out of court.

Is a Release of Liability Legal?

A release of liability, also known as a waiver of liability, is legal if it is drafted to include consideration. This is a contract law term that means both parties entering a contract give something of value to the other party. For instance, one party can provide goods in exchange for the other party’s money.

In a release of liability, one party agrees to not sue the other party in exchange for something of value. For example, an employer who terminates an employee could agree to write a letter of recommendation or pay severance that was not part of the employment arrangement in exchange for a release of liability. A seasoned attorney at our Alpharetta office can review a business’s release of liability forms to ensure that they include valid consideration.

General and Mutual Releases in Alpharetta

Waivers of liability can be applied to many situations, such as in cases involving personal injury, accidents, and property damage. However, business owners are most likely to use general and mutual releases of liability.

General Release of Liability

Management will want departing employees to sign general releases, in which they give up all known claims and unknown ones that might arise in the future. For example, if a departing employee returns to the workplace a month later and injures themselves, they cannot sue the former employer if a valid release has been signed.

Mutual Release of Liability

A mutual release works on the same premise as a general release, but both parties give up all current and future claims to sue each other. The mutual release is helpful if the parties reach a stalemate in a business transaction. Even if both parties blame the other, they may realize that releasing each other from liability is the cheaper and quicker way to end the relationship. A local attorney with experience handling waivers of liability could help a client determine if this is a beneficial strategy in their situation.

Conditions in a Release of Liability Agreement

Like all contracts, a release of liability agreement will include the names of the parties contracting. It may also include the liability in question, the consideration of the parties, when the agreement becomes effective, and the law that governs the agreement. The parties can sign a release at the beginning of their relationship or after a problem arises and mutual release seems appropriate. Importantly, any modifications should be made in writing.

Other elements that could be addressed in a release are:

  • A releasor who assumes the risk in a dangerous situation (for example, a construction worker might assume the risk in exchange for a job)
  • Severability, which acknowledges that any portion of the agreement found to be illegal will be excised, leaving the rest of it intact
  • Right to seek legal counsel before signing the agreement

Release of liability forms are versatile tools used to prevent immediate or future litigation. It is crucial to work with a skilled lawyer, such as the legal team at Sparks Law, to create well-tailored waivers.

Consult an Alpharetta Attorney on Release of Liability Forms

If you are a business owner, your time should be spent growing your company, not fighting in court. It is important to understand the range of tools that can help you do that, including release of liability forms.

Learn more about release of liability forms in Alpharetta from the knowledgeable attorneys at Sparks Law. Our team can help you draft documents that protect your company and settle any issues in an efficient manner. Call today for your initial consultation.