Release of liabiity form to be used with handyman / contractor?

Question

We are a non-profit and need installation services from a handyman who is not bonded, not licensed, not insured. He is willing to sign a waiver before he does the repairs.

Does anyone has a intelligible, clear, simple, but comprehensive waiver that works in the state of California?

thanks!!!

x

D-J in Los Angeles

Answer 1

No, no one has a waiver that works.  That's because regardless of whatever he signs, YOU are still on the hook for anything he does, if he doesn't have any insuance.

You can't "opt out" of the financial responsibility laws.  You can't "waive" your legal rights.  If he falls and breaks a leg, and has no workers comp or disability, YOU are responsible for providing him with all medical bills, lost wages, and disability benefits required by law.  Even if you don't have a policy to cover it.  

If HE damages the neighbor next door's property, while working for you, YOU are responsible to pay for it.

An uninsured subcontractor, well, the responsibility for their general liability and workers comp goes to the person hiring them.  And YOU can't opt out.  He can sign anything in the entire world, and no court is going to uphold that piece of paper - it's against public interest, and contrary to the established law in all fifty states.

Answer 2

Enforceability of Releases

Liability releases are governed by state law. There are a few principles that are generally observed by each state.

Minors cannot release liability. Depending upon the contract age of majority in your state, releases cannot be enforced against those under the legal contract age. Parents and guardians may release liability on behalf of the minor - other adults may not.

Patrons can release ordinary negligence claims. Patrons can still sue for gross negligence and intentional torts.

Written release language going beyond what state law allows in written releases is unenforceable - even if signed by the patron. In some cases, it can void the entire release.

All blank lines must be filled in. All information must be accurate. The release must be read, understood, and knowingly signed by the patron.

The patron must be able to understand the release. If applicable, have large print releases available, braille releases, foreign language releases (especially, Spanish), for your patrons.

Written releases of liability are generally enforceable and can serve as a powerful defense to personal injury claims.

Do not use form book releases or Internet releases. I can write a separate article on why you should have a lawyer draft documents instead of relying on how-to books and Internet sources. Let me summarize:

Release language is state specific. How-to books and Internet sources typically do not properly address state law. The cost of having a good release drafted by an attorney is minuscule compared to the cost of a potential liability claim.

You have no recourse against Internet sources. Lawyers are bound by their state license, ethical requirements, and their own malpractice insurance to provide competent representation.