Information Needed and Agreement to Prepare a Release for you and Your Business
James H. “Jim” Moss
If you are interested in having me write a release for you, please download this form: Information and Agreement to write a release for you.
I write releases for a living. I study release law in all states and cover all activities. A properly written release will stop lawsuits before they get started because people understand the document they signed stops lawsuits. A properly written release stops lawsuits because plaintiff attorneys know that a well-written release cannot be overcome.
I’ve written releases for guide services such as Mt. Everest guide companies to local bird-watching groups. My releases are used around the world and to date have not seen a courtroom. My releases have been signed over one million times since the first one I wrote in the early 90’s. My philosophy is if you educate the client and write a release that helps with that education, your client will not sue. So, your website and marketing are important to staying out of court.
I charge a flat fee to write releases, ($2950.00), educate you in the use of your release, update it for a year, and review your website to make sure it does not make promises or statements that can void your release. Marketing makes promises risk management has to pay for. Normally I’ll have the first draft to you for your review within three days so getting these done by the end of the month is easy.
A release is part of an overall defense strategy for your business.
Peace of mind when running an outdoor business requires risk management. Risk Management is a plan composed of three main parts.
- Educating your clients
- Taking care of your clients pre- and post-accident
- Proper Paperwork: The most important but not the sole component of your paperwork is your release (or waiver for three states).
Your release is a major part of your risk-management program. For more information on starting a new business see: Outline for Starting a New Outdoor Recreation Business.
A major component of that new business risk management plan is your release. However, your release does not work alone. Nor can you develop a release by just writing things down on a piece of paper. Your release must not conflict with your marketing, your website and your statements. Your website must support your release by providing more information and education to your guests.
Solution
Provide a Risk-Management Program that makes running your business or program easier for you by developing a solid time-tested (but never court-tested) release!
(A program so you sleep at night!)
The Plan
- Identify your risks
- Identify how you create those risks.
- Eliminate the risks we can, educate on the Risks We Can’t, ensure what we can, and release all the Risks we can.
Identifying your risks is easy, the form will help you find issues in your program. Identifying how you create the risks is the harder part, meaning, what really is the risk in your program. Most people are aware that climbing is dangerous because you can fall, or whitewater is dangerous because you can drown. How you present these risks in your marketing program and how you work with your clients are how you create the risks and determine how your release and program are received. People are not aware that standing up in moving water is deadly and rock falls injure more climbers than falling. (Actually, your biggest risk and insurance cost will be for transporting clients.)
It is not the steepness of the rock or the class of the rapid; it is how you sell those to your clients that matters.
Some risks you can eliminate, most risks you can educate about, and many risks you can insure. The only part of the plan that can cover 98% of your risks is a release in most states.
Complete the form scan and return it to me. Returning the form means you accept the terms of the agreement on the form. Sign the agreement at the end, I need that to comply with state bar requirements. I’ll start work once I receive the form and payment. Usually, I’ll have the first draft for you in a few days.
Please be thorough with your answers. If a section does not apply to you, simply cross out that section. There are a lot of options on this questionnaire because I have dealt with clients or defendants who offer all of these in programs or businesses similar to yours. If you do not offer that event/product/program/or activity, just write N/A or cross it out.
This will probably not be enough. I’ll possibly have more questions for you as I work on the release, and we will make changes going through various drafts. We are going to work on this release together to make sure it fits your program or business, and you understand it.
Once you get the form back to me, I’ll write the first draft of your release. The first draft has three goals.
- To identify the risks your guests might face,
- To make sure we cover all risks we can in your release; and,
- To make sure you understand the release.
- The attached form serves multiple purposes.
- The first is to make sure I cover everything you need to write a release for you.
- The second is to make you think about the issues for your release.
- The third is to serve as a risk-management tool for you.
I encourage you to share this information with your staff and the people dealing with your guests and the releases. They might identify issues you are unaware and might already know how to solve or resolve them.
Recreation Law 