Template · Legal

Volunteer waiver and release (have a lawyer review)

A plain assumption-of-risk and release form for builds, cleanups and trips, what it can't do, and why a lawyer in your state must review it.

Download for Word Plain text

The Word file opens in Microsoft Word, Google Docs, Pages and LibreOffice. Reviewed October 21, 2026.

When volunteers do physical work, such as building, clearing a creek, coaching a sport or going on a trip, there's a real chance someone gets hurt. A waiver and release does two things: it tells volunteers honestly about the risks, and it asks them to accept those risks and give up some claims against your charity. Even where a release doesn't hold up in court, the "assumption of risk" part makes sure people knew what they were signing up for.

What a release can't do

It doesn't replace insurance. Your charity still needs liability insurance, and you should ask your insurer whether your volunteers are covered for their own injuries. Our insurance basics guide explains the main policies.
It may not cover serious fault. A release may not be enforced for gross negligence, recklessness or intentional harm, whatever the form says. How courts treat this depends on your state.
Some states void certain releases altogether. New York's General Obligations Law § 5-326, for example, makes a release "void as against public policy and wholly unenforceable" when it tries to excuse the owner or operator of a pool, gym, or place of amusement or recreation from its own negligence, where the owner or operator receives a fee for using the facility. Other states have different rules.
Children are different. Whether a parent can give up a child's claims varies by state, so don't assume a parent's signature protects you. Get a parent or guardian's signature for any volunteer under 18 anyway, together with the permission form in our youth volunteers guide, and ask your lawyer how much it protects you.

How it fits with the Volunteer Protection Act

The federal Volunteer Protection Act (42 U.S.C. § 14503) protects individual volunteers, not your charity, from some claims for harm they cause while acting within their role. It doesn't cover harm caused by "willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference," or harm caused while driving a vehicle that needs an operator's license or insurance. And it says plainly that it doesn't affect "the liability of any nonprofit organization or governmental entity." States may add conditions, such as requiring risk management procedures and volunteer training, and § 14502 lets a state opt out for some cases in its own courts. The waiver below is about the opposite direction: claims a volunteer might bring against your charity.

How to adapt it

Describe the real risks of the activity in plain words. A specific list ("power tools, ladders, lifting, heat, insects, uneven ground") is fairer than vague wording, and your lawyer will tell you how specific your state expects it to be.
Keep it separate and readable. Don't bury it in a long volunteer agreement. Use clear headings and normal-size type, and give people time to read it.
Pair it with good safety practice: training, protective equipment, supervision and a first aid plan. A release is no substitute for running the activity safely.
Ask about medical information carefully. Only ask what you need for safety, keep it private, and destroy it when it's no longer needed.
Keep signed forms for as long as your lawyer advises, in line with your document retention policy.

Preview

Volunteer waiver, release and assumption of risk

Please read this carefully. By signing it you give up certain legal rights.

Organization: [ORGANIZATION NAME] (the "Organization")

Activity: [DESCRIBE THE ACTIVITY, FOR EXAMPLE "HOME REPAIR BUILDS" OR "RIVER CLEANUP"]

Dates: [DATE OR "ALL SESSIONS FROM [START] TO [END]"]

Location(s): [LOCATIONS]

1. I am volunteering freely

I am taking part in the activity as an unpaid volunteer, by my own choice. I may stop taking part at any time.

2. I understand the risks

I understand that the activity involves risks, including: [LIST THE SPECIFIC RISKS, FOR EXAMPLE: USING HAND AND POWER TOOLS; WORKING ON LADDERS OR ROOFS; LIFTING AND CARRYING; WORKING OUTDOORS IN HEAT, COLD OR RAIN; INSECT STINGS AND PLANTS; UNEVEN OR SLIPPERY GROUND; TRAVEL TO AND FROM SITES]. These risks could lead to injury, illness, damage to my property or, in rare cases, serious injury or death.

3. I accept the risks

I voluntarily accept these risks, including risks that are not listed here.

4. I will follow the safety rules

I agree to follow the safety rules, training and instructions given by the Organization, to use any protective equipment provided, and to tell a supervisor straight away if I see a hazard, if I am hurt, or if I don't feel able to do a task safely.

5. My health

I am physically able to take part in the activity, or I have told [NAME OR ROLE] about anything that may affect my safety. [OPTIONAL: Information I would like the Organization to know for my safety: [DETAILS].]

6. Release

[YOUR LAWYER SHOULD CONFIRM OR REWRITE THIS SECTION FOR YOUR STATE.] To the fullest extent allowed by law, I release [ORGANIZATION NAME] and its directors, officers, employees and volunteers from any claims for injury, illness, death or property damage arising from my taking part in the activity, including claims based on their ordinary negligence. This release does not apply to gross negligence, recklessness or intentional harm, or to anything else that the law does not allow to be released.

7. Medical care

If I am hurt or ill and can't decide for myself, I allow the Organization to call emergency services and arrange first aid or emergency medical care for me. I understand that I am responsible for my own medical costs, except as covered by any insurance.

8. Photos

[DELETE THIS SECTION IF YOU USE A SEPARATE PHOTO CONSENT FORM, WHICH WE RECOMMEND.]

9. This agreement

This form applies to every session of the activity listed above. If any part of it is found to be unenforceable, the rest still applies. It is governed by the law of [STATE].

Emergency contact

Name: [NAME]
Relationship: [RELATIONSHIP]
Phone: [PHONE]

Signature (volunteers 18 and over)

I have read this form, I understand it, and I am signing it voluntarily.

Volunteer name: [NAME]

Signature: [SIGNATURE]

Date: [DATE]

Parent or guardian (volunteers under 18)

[ASK YOUR LAWYER WHETHER A PARENT'S SIGNATURE CAN RELEASE A CHILD'S CLAIMS IN YOUR STATE.]

I am the parent or legal guardian of [VOLUNTEER'S NAME], age [AGE]. I have read this form, I give permission for them to take part, and I agree to its terms on my own behalf and, to the extent the law allows, on theirs.

Parent or guardian name: [NAME]