All forms are in pdf, except where noted. Last revision date follows the name of the form.

Waivers

When Waivers Are Required

Waivers are written agreements that say the sponsor of an activity will not be liable for harm suffered by participants. Although waivers are primarily legal tools, they also serve an educational purpose by making people think about the potential risks of an activity. Often that's all it takes to get people to avoid accidents.

Campus departments should use waivers whenever they supervise an event that includes any of the following:

  • Physical activity (hiking, dancing, performing, etc.)
  • Travel to an off-campus site
  • Minors

How Waivers Must Be Used

Waiver forms must be used in the exact format provided. They cannot be reduced to fine print or re-worded. Appropriate information should be inserted in the blanks before the participant signs.

Anyone who refuses to sign a waiver prior to the activity may not participate in the activity. Nor may the individual alter or delete any language in the waiver.

Waivers cannot be signed by minors. Activity participants under 18 must have a waiver signed by a parent or legal guardian.

Employees acting in the course and scope of employment do not need to sign waivers. However, if employees are participating in a non-work activity, they do need to sign a waiver. (Example: employee comes to Cal Day and tries the climbing wall.) Spouses, children, or friends joining employees on field trips do need to sign waivers.

Students doing course work do not need to sign waivers for activities required by the class. However, if students are participating in a non-course-related activity, they do need to sign a waiver.

Waivers must be stored by the department supervising the activity for at least three years after the activity ends. Waivers signed on behalf of a minor must be retained for three years after the activity ends or until the minor turns 20, whichever is longer. Waivers may be scanned and stored electronically to eliminate space concerns.

Important: Departments that do not use waivers when appropriate may have to contribute to claim or lawsuit settlements that arise as a consequence.

Types of Waivers

The University has developed several waiver forms. If you need help figuring out which one to use, contact Risk Services at risk@berkeley.edu.

Waiver (pdf)When to Use
Elective/Voluntary Waiver Form This is the most commonly used waiver and is intended for activities in which participation is voluntary.
Group Waiver Should be used in conjunction with the Elective/Voluntary Waiver. If a lot of people wish to participate in an activity, you can post one copy of the Elective/Voluntary or Required Waiver and have everyone sign the Group Waiver. This waiver is most commonly used at Cal Day, Caltopia, or other large events that offer physical activities (climbing wall, dance competition, etc.).
Facilities Use Waiver Should be signed by individuals using campus sports facilities, equipment, and services. Typical use for this waiver would be membership in the Recreational Sports Facility.