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Overview
Fortify Your Business Clients' Waiver Protections
Your business clients worry about liability. Do you have clear answers on when they need waivers and the skills to ensure they do it right every time? Take a structured approach to creating and implementing legally sound liability waivers. Our experienced attorney speakers will share their best practices for maximizing enforceability through clear language, tailoring for specific industries and activities, and ensuring proper recordkeeping. Through in-depth analysis of case law and sample documents, you will learn how to minimize legal challenges and protect your clients' interests. Register today!
- Build a solid foundation of laws and standards that govern liability waivers.
- Identify and incorporate critical components required for a waiver to be considered valid.
- Learn how to effectively tailor waivers to various contexts.
- Analyze and critique existing waivers to identify potential weaknesses.
- Advise businesses on proper administration of liability waivers.
Abbreviated Agenda
- Legal Framework for Liability Waivers
- Elements of Enforceability
- Implementation and Risk Management
- Drafting Waivers (With Sample Documents)
Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Alaska CLE |
|
3 Total |
| Arkansas CLE |
|
3 Total |
| Arizona CLE |
|
3 Total |
| California CLE |
|
3 Total |
| Colorado CLE |
|
4 Total |
| Connecticut CLE |
|
3 Total |
| Delaware CLE |
|
3 Total |
| Florida CLE |
|
3.5 Total |
| Hawaii CLE |
|
3 Total |
| Iowa CLE |
|
3 Total |
| Idaho CLE |
|
3 Total |
| Illinois CLE |
|
3 Total |
| Indiana CLE |
|
3 Total |
| Kansas CLE |
|
3.5 Total |
| Kentucky CLE |
|
3 Total |
| Louisiana CLE |
|
3 Total |
| Maine CLE |
|
3 Total |
| Minnesota CLE |
|
3 Total |
| Missouri CLE |
|
3.6 Total |
| Northern Mariana Islands CLE |
|
3 Total |
| Mississippi CLE |
|
3 Total |
| Montana CLE |
|
3 Total |
| North Carolina CLE |
|
3 Total |
| North Dakota CLE |
|
3 Total |
| Nebraska CLE |
|
3 Total |
| New Hampshire CLE |
|
3 Total |
| New Jersey CLE |
|
3.6 Total |
| New Mexico CLE |
|
3 Total |
| Nevada CLE |
|
3 Total |
| New York CLE |
|
3.5 Total |
| Oklahoma CLE |
|
3.5 Total |
| Oregon CLE |
|
3 Total |
| Pennsylvania CLE |
|
3 Total |
| Rhode Island CLE |
|
3.5 Total |
| Tennessee CLE |
|
3 Total |
| Texas CLE |
|
3 Total |
| Virginia CLE |
|
3 Total |
| Vermont CLE |
|
3 Total |
| Washington CLE |
|
3 Total |
| Wisconsin CLE |
|
3.5 Total |
| West Virginia CLE |
|
3.6 Total |
| Wyoming CLE |
|
3 Total |
Select Jurisdiction
CLE
Agenda
-
Legal Framework for Liability Waivers
- Contract Law as Applied to Waivers
- Public Policy Limitations on Enforceability
- Key Terminology and Concepts
- Industry-Specific Considerations
- Landmark Court Decisions Shaping Enforceability Standards
- When Is a Waiver Required or Recommended?
-
Elements of Enforceability
- Clear and Unambiguous Language, Conspicuousness, and Formatting
- Specificity of Risks vs. General Releases
- Consideration Issues
- Capacity and Authority to Sign
- Addressing Minor and Guardianship Concerns
- Incorporating Assumption of Risk Principles
-
Implementation and Risk Management
- Integration With Broader Risk Management Strategies
- Staff Training on Waiver Administration
- Documentation and Recordkeeping Protocols
- Handling Waiver Modifications and Amendments
- Insurance Considerations and Coordination
-
Drafting Waivers (With Sample Documents)
- Structural Components of Effective Waivers
- Common Drafting Pitfalls and How to Avoid Them
- Tailoring Waivers to Specific Activities and Industries
- Sample Document Analysis and Markup (General Activity, Adventure, Medical, Event, etc.)
Who Should Attend
This legal guide is designed for attorneys. Compliance officers, risk management professionals, and paralegals will also benefit.
Speakers
Speaker bio
Jacklyn Fetbroyt
is a member of Kang Haggerty LLC. She specializes in counseling companies and business owners through all stages of their ventures from conception to dissolution, assisting her business clients in all of their needs for maintenance and growth. Ms. Fetbroyt represents her business clients in negotiating and documenting various transactions, including real estate or other property acquisitions, leases, master client/customer and vendor/supply agreements, etc. And should the business venture end, she works with her clients to ensure that the dissolution and wind up process is as smooth as possible. Ms. Fetbroyt also handles dispute resolution with the goal of resolving an issue thoroughly and efficiently so that her clients can get back to what they do best, run a business. When necessary, she will zealously represent her clients in commercial litigation matters, including business owner disputes, breaches of fiduciary duties, contract disputes, and other business torts, such as business fraud and wrongful interference with business relationships. Ms. Fetbroyt is admitted to practice in both New Jersey and Pennsylvania. She earned her B.A. degree from The Pennsylvania State University and her J.D. degree from Rutgers School of Law-Camden.
Speaker bio
Kevin M. Madden
is the founding member of the Law Offices of Kevin Michael Madden, P.L.L.C., where he practices in the areas of civil trial practice, commercial litigation, business litigation, construction law and employment law. He is admitted to practice in Texas and before the U.S. District Court, Southern and Eastern districts of Texas. Mr. Madden was the articles editor for the Houston Journal of International Law. He was the judicial intern to the Honorable David Hittner, U.S. District Court for the Southern District of Texas; and a law clerk to the Honorable Joseph James "Tad" Halbach, Jr., 333rd District Court, Harris County, Texas. Mr. Madden is a member of the Houston Bar Association, State Bar of Texas, Texas Young Lawyers Association, Texas Trial Lawyers Association, Association of Trial Lawyers of America and Trial Lawyers for Public Justice. He earned his B.A. degree from the University of Colorado at Boulder, his B.S. degree from the University of Houston and his J.D. degree from the University of Houston Law Center.
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