This article provides background information and sample templates as a starting point for club administrators considering waivers.
Important: Strava does not provide legal advice. The information and templates below are general reference materials only and do not constitute legal advice — they are not designed for any specific jurisdiction, and no single version is appropriate for clubs or all locations. Waiver requirements and enforceability vary significantly by jurisdiction and activity type. Consult a qualified lawyer for your jurisdiction before creating or requiring waivers for your club.
To the extent permitted by applicable law, Strava disclaims all liability for any loss or damage arising from your use of, or reliance on, the information contained in this article.
Legal Considerations
Why Waivers May Not Be Enough
Waivers can be an important risk management tool, but they have limitations:
- Enforceability varies. Courts in different jurisdictions apply different standards. A waiver that holds up in one location may not in another.
- Some risks can't be waived. Many jurisdictions prohibit waiving liability for gross negligence, intentional misconduct, negligence leading to death or personal injury, or certain consumer protections.
- Waivers don't prevent claims. Someone can still sue even with a valid waiver in place. The waiver may support your defense, but might not stop the claim against you.
- Insurance matters. Waivers are not a substitute for appropriate liability insurance. Consult an insurance professional about coverage for your club's activities.
Key Factors Affecting Enforceability
Courts may look at several factors when evaluating the enforceability of waivers, including:
Clarity. Was the language clear and understandable?
Conspicuousness. Was the waiver presented in a way that a reasonable person would notice it?
Specificity. Did the waiver describe the specific risks and activities covered?
Voluntariness. Did the person have a meaningful choice to accept or decline?
Fairness. Are the terms reasonable and balanced, or are they unreasonably one-sided?
Considerations for Multi-Jurisdiction Clubs
If your club has members in multiple countries, states, or regions:
- Laws governing waivers differ significantly across jurisdictions
- A single waiver may not be enforceable everywhere
- You may need to consult lawyers qualified in multiple jurisdictions
- Consider including a governing law clause related to your jurisdiction, though its effectiveness may vary
Language Considerations
- It’s generally a good idea to provide waivers in the language(s) your members understand
- Some jurisdictions require waivers in specific local languages
- You are responsible for compliance where your members are located
Sample Templates
These templates are provided as an optional reference and starting point for your convenience. They illustrate common waiver structures but may not be appropriate for every club or jurisdiction. Customize for your specific club, activities, and jurisdiction. Strava recommends having a qualified lawyer review before use.
Template 1: Basic Club Waiver
[Club Name] Waiver and Release
I wish to participate in activities organized by [Club Name].
Recognition of Risk. I understand that these activities are physically challenging and involve inherent risks that [Club Name] cannot eliminate entirely. These include the risk of personal injury, such as [describe specific risks for your activities].
Assumption of Risk. I voluntarily assume all recognized risks associated with my participation.
[Note: The validity and enforceability of liability and waiver release language is highly jurisdiction specific. Strava provides the generic and sample language below as a general reference only—it may not be valid, enforceable, or appropriate where your club operates or where your members are located. This is a section in particular where local legal advice is particularly important. Do not use it without review by a qualified lawyer in your jurisdiction.]
[Example for US/Canada: Release of Liability. To the fullest extent permitted by law, I release [Club Name], its administrators, and volunteers from any liability for injury, loss, or damage arising from my participation, except to the extent caused by gross negligence or intentional misconduct.]
[Example for UK: Liability. In the absence of any negligence or other breach of duty by [Club Name], I accept that participation in [ACTIVITY] is entirely at my own risk.]
[Example for Australia: Disclaimer of Liability. I acknowledge and agree that to the maximum extent permitted by law, [Club Name] will not be liable for any death, physical or mental injury, I suffer in connection with the [ACTIVITY], except to the extent caused by [Club Name’s] reckless conduct.]
Rules. I confirm that I will act responsibly and sensibly at all times, and will follow all instructions and safety guidelines displayed or given to me by the administrators of [Club Name].
Fitness to Participate. I confirm that I am physically capable of participating and will not participate while under the influence of alcohol or non-prescription drugs.
I have read and understood this waiver and agree voluntarily.
Customize: Activity descriptions, specific risks, club structure, governing law.
Template 2: Photo and Media Release
[Club Name] Photo and Media Release
I grant [Club Name] and its administrators permission to use photographs, videos, or other recordings of my participation in club activities for club-related purposes, including promotional materials, social media, club communications and [list any other specific purposes].
I understand that I may withdraw my consent at any time by contacting the administrators of [Club Name], but this will not affect the lawfulness of any processing carried out before withdrawal.
This release does not grant rights to use my image for commercial sale to third parties without additional consent.
Customize: Specific permitted uses, duration, whether members can opt out of specific uses.
General Drafting Tips
Be specific. Generic language is less likely to be valid. Describe your actual activities and their actual risks.
Use plain language. Courts may not enforce waivers that an average person wouldn't understand.
Don't overreach. Attempting to waive liability for everything, including your own negligence, can undermine the entire waiver.
Keep it readable. Walls of dense text may be viewed as an attempt to hide terms. Use reasonable formatting and length.
Title it clearly. Use words like "Waiver," "Release," or "Recognition of Risk" so members know what they're signing.
Update as needed. If your activities change or you learn of new risks, work with your qualified lawyer to update your waiver.
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