Waivers of Liability

An “Acknowledgement of Risk and Waiver of Liability” form (“Waiver”) is used to: 

• Inform an individual of potential risks involved in an activity

• Allow an individual to voluntarily choose to incur the risk

• Secure an agreement from the individual to hold harmless the University

 We encounter these forms frequently in both personal and business transactions, and such forms are useful to us because they alert us to hazards in our activities and put us on notice that we need to make arrangements to provide for ourselves if losses occur. Businesses want to alert us to situations where business liability ends and our personal liability begins.

At the University, coverage has been arranged that is similar to “Commercial General Liability,” and (subject to exclusions) employees of the University are covered if their actions cause bodily injury or property damage to “third parties.” However, students are not “named insured's” under this coverage arrangement. Students retain their own personal liability. This is analogous to a business that purchases a “CGL” to cover its business operations, but there is no expectation that this commercial coverage would extend to cover the personal liability of its customers.

We’ve developed a Waiver template that can be adapted for University use with field trips, research, conventions and other activities that extend the learning experience beyond the scope of the classroom. In particular, you will need to customize the form with: information which identifies your activity and course; a detailed list of the risks inherent in your activity; and appropriate contact information. Signed copies of the form should be collected in advance and stored appropriately at the department in case losses arise. Should a loss occur, the Waiver should be attached to the Incident Report. (NOTE: This form should never be signed by an EMPLOYEE of the University while acting within the course and scope of their duties. However, many of us have “dual status:” we may be an employee for certain purposes and a student. So, for example, a graduate assistant that is acting within their employment duties as an instructor or chaperone for the activity would not sign the form.)

This form is useful to both faculty and students because:

 1. Most importantly, it clarifies the expectations of students PRIOR to an event; it lets them know that they are involved in greater risks; they are responsible for their own actions; that they must look to their own Personal Insurance (health, car and personal liability) to assist them with funding any losses that may occur.

2. If a loss subsequently occurs, the forms can be used to provide a defense to the University that the student knowingly participated in activities at their own risk. 

Before using the form, it is “good practice” to review your arrangements for the “outside the classroom” experience. Please refer to the “University of Idaho Field Trip Checklist” below for suggestions concerning planning a field trip. If you have questions about your activity, please feel free to contact Risk Management. 

• Acknowledgement of Risk and Waiver of Liability Template

• University of Idaho Field Trip Checklist

• Authorization of Volunteer

• Authorization of Approved Driver of University-Owned Vehicle

• Registration of Personal Vehicle for Official Travel for the University of Idaho

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Please contact admaff@uidaho.edu or call (208) 885-7177 with any suggestions or questions regarding the Risk Management web page.