The UC Waiver of Liability, Assumption of Risk, and Indemnity Agreement is a written agreement that says the University of California will not be liable for harm suffered by participants in a specific event or activity. Although waivers are primarily legal tools, they also serve an educational purpose by making people think about the potential risks of an activity.

Lawsuits involving sports participation and injuries in off-campus field trips and travel remain a problem. The University can protect itself from the legal liability that arises from participation in these activities; it is legal and appropriate. If a claim is filed, and the activity is voluntary and elective, having obtained a UC Waiver may be, legally and appropriately, the University's first line of defense.

A department that sponsors activities that go beyond routine employment or classroom instruction, must use the UC Waiver to reduce the University's legal liability for activities for which it is legally able to obtain a release. To do so prevents unnecessary and additional demands on already strained resources.

As a general rule, any activity that presents a physical danger, includes transportation, is off-campus, is conducted out of the country, or is considered "high risk." UC students taking credit or required classes on campus need not sign waivers. For additional information see Quick Tips: What Activities Require the UC Waiver?. Or call UCSB Risk Management at 893-2860.

If waivers are required, all participants (or their parents, if they are minors) must sign the waiver. It must be signed before individuals can participate. Anyone who does not sign the waiver cannot participate in the activity. (See Quick Tips: The UC Waiver of Liability). Everyone is required to sign the same waiver for the same event. If a person does not sign the waiver, they cannot participate.

General Counsel approved the UC Waiver language. It cannot be changed in any way. There are spaces in the UC Waiver where participants must fill in information.

Recent case law in California has defined how waivers and releases should be formatted. Waivers and releases cannot be the “fine print” in a larger publication, such as a brochure. They must be on a separate sheet of white paper, using an easy-to-read font type and size (regular, 12 point helvetica). An effective waiver must be easily
distinguishable and completely readable. There must be no question in the participant's mind as to what they are signing.

If additional pertinent information cannot be accommodated in the space available on the waiver, use the UC Waiver - Description of Activities Attachment.

University policy is that all persons required to sign the waiver should sign an English language version. Spanish waivers can be prepared to explain the English version. The signature must be obtained on the English version.

Having students sign a "blanket" waiver at the time of registration, covering all UC facilities and activities for a quarter or academic year, would be viewed by the courts as overbearing, and probably not enforceable. Waivers need to be tailored to specific activities or situations.

California law says that parents may contract on behalf of their minor children. It is not uncommon for parents to be asked to sign waivers holding cities, recreation departments, and other entities harmless for what might happen when they enroll their children in classes, sports activities, etc.

Any activity for which a waiver is required should be described as accurately and concisely as possible. The class name and number, a brief description of the activity, the destination, and the date should be included. If transportation is involved, it should be mentioned, e.g. "including roundtrip airplane transportation". If additional pertinent information cannot be accommodated in the space allowed on the waiver, use the UC Waiver - Description of Activities Attachment.

University policy is that field trips in "elective" classes are a voluntary activity and require the use of the UC Waiver - Elective/Voluntary Activities.

When University facilities are being used by students and others who are not taking classes, the Facilities Use Waivers should be used. The UC Waiver - Facilities Use (Athletic) should be signed by individuals or groups using University sports facilities, equipment, and services. The UC Waiver - Facilities Use (non-Athletic) should be signed by individuals or groups using University labs, conference rooms, and other facilities, equipment, and services as appropriate.

The UC Waiver - Group Attachment is for groups who use University sports facilities, equipment, or services. It should be used when it is more practical than collecting individual waivers from participants. It is always used as an attachment in association with a Facilities Use Waiver. Minors cannot sign a Group Attachment. The minor's parent must sign an individual UC Waiver - Facilities Use (Athletic) or UC Waiver - Elective/Voluntary Activities on behalf of their child.

The Facilities Waiver and/or Group Attachment is intended for intramural and recreational programs that occur in University facilities. For programs that may not occur in University facilities (kayaking, scuba diving, rock climbing, etc.) the UC Waiver - Elective/Voluntary Activities is more appropriate.

By Jane Lennon, UC General Counsel

The frequency of lawsuits has increased as our society has become more litigious, subjecting the University and its employees to more liability exposure. Waivers and releases are designed to protect the University and its employees from legal liability for injuries that may occur to individuals who participate in voluntary or required activities on or off campus. Although some people hold the misconception that waivers are worthless, in fact they are valid and reliable legal tools under California law. Waivers may be used as protection from liability for accidents, activities carrying certain inherent risks, and even the negligence of University employees in certain circumstances.

Waivers signed prior to participation are viewed by the law as contracts or agreements in which the participant agrees to excuse the University and its employees from fault or liability for personal injuries associated with the activity. If the participant agrees in advance that the University and its employees owe him or her no duty, recovery for negligence is barred. Indemnity and hold-harmless provisions shift the responsibility for legal expenses associated with claims to the participant.

Recently, the Office of the President-Risk Management, in conjunction with the Office of the General Counsel, developed three new waivers to be used on the campuses. The templates for these waivers have withstood legal scrutiny when challenged in court. In an effort to reduce the administrative burden to the campuses, time has been taken to make the waivers as easy to use as possible. There are three waiver forms:

1. The UC Waiver - Facilities Use (Athletic) should be signed by individuals or groups using University sports facilities, equipment, and services.

2. The UC Waiver - Elective/Voluntary Activities should be signed by individuals (including students) participating in University activities that are not required for a degree or academic program. These include elective field trips, study abroad, and recreational programs for children. This is the most strongly-worded waiver, releasing the University and its employees from all potential negligence.

3. The UC Waiver - Required Activities is for on- or off-campus activities required for a degree and supervised by academic personnel. This waiver omits the provision waiving the negligence of the University or its employees.

Waivers should be used in the exact format provided to you. Appropriate information should be inserted into the blanks for the activity or use to which the waiver is put. A waiver is not invalidated by the passage of time. It must be kept by the activity sponsor in case it needs to be used as evidence in a later lawsuit.

The failure of an individual to read a waiver does not excuse compliance. Under California law, it is incumbent upon individuals who do not read or understand English to have the release read or explained to them.