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• Release Questions:
What are waivers and releases?
Waivers and/or releases of liability (hereafter referred to as releases) are legal agreements designed to transfer responsibility for injuries and property damage from one party to another. A properly administered release may protect the CSU and its employees from legal liability for injuries that occur to students or other individuals who participate in university activities on and off campus. They are valid and reliable legal tools under California law and may be used to provide protection from liability for accidents, activities carrying certain inherent risks, and even the negligence of CSU employees in certain circumstances.
If your department or program sponsors activities that involve risks of injury, liability or damage to property and you do not use a release, you may be unnecessarily exposing the CSU, your campus and yourself to costly claims or lawsuits. You may also be missing an opportunity to inform participants about the risks associated with an activity or event. Although releases are primarily legal tools, they also serve an educational purpose by making participants aware of potential risks. Often that is all that is necessary to avoid preventable accidents and subsequent litigation.
A waiver (also referred to as a release of liability and waiver of the right to sue) is an important element of a complete release form.
Note: Using a release form that is signed by the participant of the activity reinforces the serious nature of the potential dangers.
How long should I keep a release?
The department sponsoring the activity must keep releases for at least three years after the activity ends. Releases signed by a parent or guardian on behalf of a minor must be retained for at least three years after the activity ends or until the minor turns 20, whichever is longer.
How should I store the release?
A release is not invalidated by the passage of time, but obviously the University must keep the document for a reasonable time in order to assert it as evidence in a later claim or lawsuit. For this reason, organization and safe storage of releases are very important. Releases should be stored by activity date in alphabetical order by name of participant. This greatly expedites retrieval if a release is needed for a legal proceeding. If space becomes a problem, releases can be microfilmed or stored electronically in lieu of the signed original.
What should I do if someone attempts to modify the release?
Occasionally someone signs the release after crossing out certain portions that they do not like or adding words to modify the release. You must not accept an altered release.
What should I do if a student refuses to sign the release?
If the student refuses to sign a proper release form to participate in a high-risk, non-required, non-academic activity, the student should be denied the right to participate. However, if the student refuses to sign a release to participate in a "required" academic activity, the instructor should note the refusal on the form, indicate that the student has been advised of the risks involved and permit the student to participate.
What if I want to change or add something to the release?
Case law in California defines how releases should be printed, including their layout and font size. (12-point font recommended.) For this reason, do not change the format of the release in any way. Releases cannot be included as the "fine print" in a larger publication such as a brochure. They must be printed or viewed as a separate document. This separation makes it harder for participants to claim later on that they didn't know what they were signing. If you believe a change is necessary, contact your campus University Counsel or Risk Manager to discuss your proposed change.
Who signs if the participant is a minor?
A parent or guardian must sign the form if the participant is a minor. Because the participant's parent or guardian signs the release, there is no need to also have the participant sign the release.
What if the participant does not speak or read English?
There is no legal requirement to provide releases in languages other than English. In general, California courts have held that English-language releases signed by adults who cannot read English are valid.
May the release be consented to electronically?
Yes. In addition to obtaining a written signature to signify consent, the University may permit an individual to acknowledge their consent electronically as long as those consenting to the release are required to (a) access the electronic release using both a login ID and personal password, (b) consent to each paragraph using an "I Understand and Agree" prompt, and (c) re-enter the login ID and personal password before consenting to the entire release using a "I Have Read, Understand and Agree to this Release" prompt.
Does the release have to provide specific information about the types of risks associated with the activity?
General release language informs the participant of the types of losses that may occur. If you would like to provide further information about the risks associated with the activity, you may do so as long as that information is presented separately from the release.
Should a volunteer sign a release before volunteering?
No, individuals designated as "University Volunteers" are covered under the CSU's General Liability and Workers' Compensation programs as long as they have been processed through the use of the Human Resources' procedures. For this reason, they do not sign releases prior to volunteering. For this same reason, employees acting within the course and scope of their employment do not sign releases. However, for academic field trips, volunteer drivers (not considered as University volunteers) should also sign an appropriate "Academic Field Trip Waiver of Liability and Hold Harmless Agreement" as any other student on the trip. Remember, that a volunteer driver should still be authorized to drive on a University sponsored activity. See "Student Authorization to Use Personal Privately Owned Vehicle."
If the volunteer is only volunteering for the day (or less), is registration required?
Volunteers should be registered through the Human Resources "Volunteer Process" regardless of the intended length of service.
Is it necessary for a donor, making a donation of money or property to the CSU, to sign a release prior to a donation?
No.
What can happen if a release is not used?
By using a release, you are being good stewards of the CSU's resources by providing a defense in the event of a claim or lawsuit. The Chancellor has recommended the use of releases. Failure to use them may subject an individual campus or department to increased scrutiny or liability losses.
When is a release or permission to take photos or videos of students required? And how is it worded?
If there is any intention to publish or display the images of those you photographed, a release of each of the photographed subjects is recommended. The same goes for any videos or audio recordings. The wording should be discussed with your campus Risk Manager.
Our class wants to invite family, friends and class members to an in-class, non-ticketed CSUN performance during normal class times to the recital hall. Would those attending, who are not CSUN students or faculty have to sign waiver forms?
Invited family, friends, other students, members of the community and colleagues would not have to sign waivers.
What are the basic elements of a release?
The elements of a basic release are:
- A release of liability and waiver of the right to sue if any loss results from participation in the activity.
- An express assumption of risk where the participant acknowledges understanding the nature of the activity and the risks involved, and chooses voluntarily to accept those risks.
- A hold harmless agreement where the participant agrees not to hold the CSU responsible for any loss that may result from participation in the activity.
- An indemnification where the participant agrees to pay the CSU for any losses it may suffer as a result of the participant's participation in the activity.
- A medical consent in which the participant agrees to be responsible for his/her own medical expenses that may result.
Can we combine the elements of a release in one document?
Yes. The ideal model for a release of liability contains as many of the 'elements' as necessary to deal with the situation.
What is the recommended language for a "release of liability" clause?
As a sample, the following language meets certain situations requiring a release. "In consideration for being allowed to participate in this Activity, I release from liability and waive my right to sue the State of California; the Trustees of the California State University; California State University, Northridge and their employees, officers, volunteers and agents (collectively "University") from any and all claims, including claims of the University's negligence, resulting in any physical injury, illness (including death) or economic loss I may suffer or which may result from my participation in this Activity, travel to and from the Activity (including air travel), or any events incidental to this Activity".
What is the recommended language for an "expressed assumption of risk" clause?
As a sample, the following language meets certain situations requiring an assumption of risk. "I am voluntarily participating in this Activity. I understand that there are risks associated with my participation in this Activity, such as physical and/or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, death or economic loss. These injuries or outcomes may arise from my own or other's actions, inactions, or negligence, or the condition of the Activity location (s) or facility (ies). Nonetheless, I assume all risks of my participation in this Activity, whether known or unknown to me, including travel to and from the Activity (including air travel) or any events incidental to this Activity."
What is the recommended language for a "hold harmless" clause?
As a sample, the following language meets certain situations requiring a hold harmless. "I agree to hold the University harmless from any and all claims, loss or damage to my personal property, liabilities and costs, including attorney's fees, as a result of my participation in this Activity, including travel to and from the Activity (including air travel) or any events incidental to this Activity. If the University incurs any of these types of expenses, I agree to reimburse the University."
What is the recommended language for an "understanding and acknowledgement" clause?
As a sample, the following language meets certain situations requiring an "understanding and acknowledgement" of risk. "I am 18 years or older. I have read this document, and I am signing it freely. I understand the legal consequences of signing this document, including
(a) releasing the University from all liability,
(b) waiving my right to sue the University,
(c) and assuming all risks of participating in this Activity, including travel to and from the Activity (including air travel) or any events incidental to this Activity."
"understand that this document is written to be as broad and inclusive as legally permitted by the State of California. I agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms."
What is the recommended language for a "medical consent" clause?
As a sample, the following language meets certain situations requiring a "medical consent."
"If I need medical treatment as a result of my participation in this Activity, travel to and from the Activity (including air travel), or any events incidental to this Activity, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware that the University does not provide health insurance for me and that I should carry my own health insurance."
What is the recommended language when a minor is involved?
As a sample, the following language meets certain situations requiring consent by a parent or legal guardian.
"I am the parent or legal guardian of the Participant. I have read this document, and I am signing it freely. I understand the legal consequences of signing this document, including (a) releasing the University from all liability on my and the Participant's behalf, (b) waiving my and the Participants' right to sue the University, (c) and assuming all risks of Participant's participation in this Activity, including travel to and from the Activity (including air travel) or any events incidental to this Activity. I allow the Participant to participate in this Activity.
I understand that I am responsible for the obligations and acts of the Participant as described in this document. I agree to be bound by the terms of this document."
• Liability Questions
Can I file a claim with Campus Police if my legally parked car on campus is broken into and personal property is stolen?
You should file a report with Campus Police if you suffer any kind of property loss while on campus. However, California State University, Northridge is not responsible for any damages to vehicles or items stolen from vehicles while parked on the CSUN campus or in any CSUN parking facility.
Is there risk management guideline related to off-campus faculty receptions?
All off-campus faculty receptions must comply with the University's Drug and Alcohol policy. The University expects the campus community to be aware of all state and local laws with reference to possession and use of alcohol and to make informed decisions and to be responsible for the consequences of those decisions. A host of any given faculty reception must be clear on whether the event is a mandatory function and work related event. The University is not responsible for any faculty social events.
Is an agreement still required if someone is providing a service for "no fee?"
This "no fee" service may be a guest speaker that volunteers his/her time for free. This speaker is most likely an individual and our required limits of insurance may be out of the question. In these cases the risk should be transferred by the use of a Guest Lecturer or Independent Contractor waiver form.
This "no fee" service may be provided by an independent contractor that is volunteering his/her service to the University. Depending on the scope of the service to be provided, we may choose to transfer the risk by the use of an Independent Contractor waiver. In most cases where you are being offered professional services for no fee, a written agreement that outlines the responsibilities of each party is recommended. These written agreements in conjunction with the independent contractor waiver help to transfer the risk by agreement and also provide an opportunity to clearly outline the responsibilities of each party and the scope of the service provided.
It is important to understand that just because a service is free, the risks associated with the service may be no less severe. Everything must be done to insure that the risks are mitigated. This may include hands on supervision of the activity to ensure that the environment is controlled.
What student activity requires a waiver or release?
Generally, if the activity involves a student who is given specific date/time/place instructions to complete the activity, it is considered required and falls under the University's liability insurance program. As such, no waivers are required.
If students are merely given an assignment and can use discretion as to date or time or place of the activity, it is considered voluntary even though the result (i.e., report) affects the student's grade. As such, no waivers are required.
Field trips are special required activities because of the transportation and potential field site hazards and require acknowledgement of the hazards and liability releases.
Should members of the public who participate in University sponsored activities be required to sign waivers?
Members of the public who participate in any University sponsored activities and are subject to personal injury or property loss should sign a waiver of liability. For any activity where sports or physical activities are involved or which presents a danger to the participant, waivers are required.
When should the waiver of liability be signed?
Generally, the waiver should be signed a few days after the explanation of the activity and hazards and well before the actual activity.
What is a subpoena and what do I do if I am served a subpoena while on campus?
A subpoena is a legal document that commands a person or entity to attend at a particular time and place to testify as a witness (at a deposition, trial, or other hearing), and/or to produce documents or other tangible objects in a legal proceeding. It is equivalent to a direct order from a court.
Because a subpoena must meet certain legal requirements to be a valid, it is best to discuss the circumstances and your obligations with the Office of General Counsel at the Chancellor's Office. See the Subpoena Handbook at the Office of General Counsel's website for more information.