Assumption of Risk Forms:
Are They Worth the Paper They're Written On?

College officials bear some responsibility for reasonably protecting the health and safety of students when planning, organizing, and leading college sponsored credit or non-credit activities, field trips, experiential education placements, study abroad trips and events on or off campus. This means that risks associated with these activities should be controlled.

There are, however, times when even after appropriate plans have been made to minimize risks in these activities, the risks are still present. Also, the colleges have little control over the actions of outside agencies, and the involvement of outside agencies increases the risks.

An assumption of risk form (also called a liability waiver, release, or disclaimer) is appropriate where the above referenced circumstances exist. These forms have been used for many years for a variety of circumstances by higher education institutions and school districts.

Assumption of risk forms aren't necessary for typical classroom activities. It is encouraged, however, that assumption of risk forms be used for field trips, experiential education placements, and events and activities that bear a high degree of risks due to either their nature or their location.

The forms should be kept a minimum of two years to aid in the defense of potential claims; however, a period of three, four, or five years would be even better, particularly for claims of minors, who can file suit on their own after reaching age 18.

An assumption of risk form is an important document to reduce risk. It is used as a tool to transfer and reduce risks by discouraging some claims or lawsuits from ever being filed. An assumption of risk form is actually a kind of contract. In effect, the contract provides:

"The college will let you participate in this program if you waive some or all of your possible claims for damages in the event that you are injured."

Like all contracts, there are a variety of court cases dealing with whether the language of a particular waiver document actually effects a release of claims by the participants in an activity. Absent any public policy to the contrary, Arizona allows parties to agree in advance that one party shall not be liable to the other for negligence.

The problems inherent in the interpretation of assumption of risk forms can be overcome by having the forms written, to the extent possible, in clear and simple language that spells out the specific risks present in the activity. Also, while an assumption of risk form is an important document to reduce risk, it should not be relied upon solely to reduce the exposure to risk. In addition to the use of this form, the following risk control measures should be utilized:

• Conduct a risk assessment of the program/activity prior to the commencement of the activity.
• Train staff in emergency response procedures, including CPR/AED and first aid.
• Develop procedures that minimize risk and stress safe practices.
• Obtain certificates of insurance from contractors/partners that name MCCCD as an additional insured.

If even only one lawsuit is not filed, or one lawsuit is dismissed on the basis of the waiver forms, those savings alone make assumption of risk forms worth the paper they are written on.

These forms have proven that they are a valuable tool in defending against the rising tide of frivolous lawsuits. In addition, with the rising costs of insurance premiums, the need for such forms is further justified.

Assumption of risk forms are available at the Risk Management website. For assistance in using this form, please contact the District Risk Manager.

Published in the Summer 2003 Edition of In Brief