As a business owner, you know that disagreements in court cost time and money to resolve. If you can settle disputes without litigation, it is usually to everyone’s benefit. However, a simple handshake may not be enough to keep the problem from coming back.
Whether your problem involves a disgruntled employee or an incomplete business deal, a skilled lawyer at Sparks Law can help. Our attorneys are experienced in drafting release of liability forms in Georgia and can create a document that satisfies your needs.
A release of liability or waiver of liability is a legal contract where one party agrees to not sue another party in exchange for consideration, such as a payment or a favorable reference. For example, an employer could require a terminated employee to sign a waiver in exchange for severance payment.
For contracts to be legal, both parties must give up something to get something of value. In the above example, the employee (releasor) gives up the right to sue for past or future damages to get money. The employer (releasee) gives up the money for the valuable promise not to be sued. A skilled Georgia attorney should review a business’s release of liability form to ensure consideration by both parties is valid.
In a release or waiver of liability governed by Georgia law, the following information should be included:
Generally, neither party will admit wrongdoing by singing a release of liability. A waiver can either be signed before any activity necessitates it or after the parties reach an impasse and negotiate the outcome.
Other elements that may be included in a waiver are:
Any modifications after the waiver is executed must be in writing. An attorney at our Georgia law firm can offer further advice on what elements should be included in your specific release of liability form.
Release of liability forms can be simple or complex, depending on how the parties intend to use them. Releases can be used to settle various issues, such as the following examples:
In business, the two most widely used releases are categorized as general and mutual. A local attorney can further explain these different types of liability release forms and draft one suitable for a client’s business needs.
A general release of liability is used when one party gives up all known and unknown claims against another party. For example, a departing employee who signs a general release will not be able to sue the employer if later the employee discovers a reason to do so.
A mutual release is signed when both parties give up all claims, even those that have not yet risen. For example, if two businesspeople contract with each other but the agreement does not go forward, they could mutually release each other even if each person blames the other party.
Business owners should be proactive in preventing costly lawsuits. Useful measures to achieve this include negotiating, settling, and releasing liability before taking a dispute to trial.
Release of liability forms in Georgia are an effective way of settling disagreements with employees, vendors, and other businesspeople without going to court. Call Sparks Law today to learn more about your legal options from our experienced team.
