Releases and Liabilities FAQs

Waivers and/or releases of liability (“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, CSUN 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 or damage to property and you do not use a release, you may be unnecessarily exposing the CSU, the University 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 release (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.

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 liability releases.

Members of the public who participate in any University sponsored activities that are subject to personal injury or property loss should sign a release of liability. For any activity where sports or physical activities are involved or which presents a danger to the participant, releases are required.

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 18, whichever is longer.

A release is not invalidated by the passage of time, but obviously, the University must keep the document in order to assert it as evidence in a later claim or lawsuit. For this reason, the organization and safe storage of releases are very important. Releases should be stored by activity date in alphabetical order by name of the participant. This greatly expedites retrieval if a release is needed for a legal proceeding.

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.

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.

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 prior to making the change.

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.

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.

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.

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.”

No, however, check with the CSUN Foundation which is responsible for accepting all philanthropic and tax-deductible gifts.

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

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.

Yes. The ideal model for a release of liability contains as many of the ‘elements’ as necessary to deal with the situation.

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”.

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.”

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.”

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.
I 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.”

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.”

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.”