Checklist: Drafting Effective Releases

A release is a multipurpose risk management tool that can educate signors about the potential risks of an activity while benefiting sponsoring educational institutions as well. A signor who is injured during an activity that is covered by a release may be less likely to bring a claim. Releases can also act as leverage for negotiating the settlement of a claim, or to persuade a court to dismiss a negligence lawsuit.

This checklist contains guidelines for revising or drafting effective releases and can highlight areas where modifications may be necessary. Tips include:

• The release should describe a voluntary activity and be narrowly tailored and specific to the activity it covers.
• The potential signors of the release should be identified.
• None of the potential signors should be a minor.
• All of the potential signors should understand English.
• The institution’s legal counsel should write or review the release.
• The name of the institution and the party signing the release must be accurate.
• The activities constituting the subject of the release should be described with sufficient detail.
• The activity’s start and end dates must be correct.