Employee Release, Liability Waiver and Indemnification Agreement
(MA)

Summary

This template is an employee release, liability waiver and indemnification agreement between an employer and an employee in Massachusetts regarding the employee's voluntary participation in company sponsored events and/or the voluntary use of company facilities or equipment. This template includes practical guidance, drafting notes, and an optional clause. The agreement should be signed by employees as a condition to allow them to participate in voluntary employer activities or prior to their voluntary use of any facilities that may be provided by the employer. The agreement provides a release from the employee from any claims or liabilities for any personal injury, wrongful death, or property damage that may be sustained while taking part in the company event or that may arise from use of company equipment or facilities. The agreement also includes an acknowledgment of the risks associated with such participation, and also requires the employee to provide the released parties with indemnification for any loss or damage they may cause stemming from such participation. An employee is entitled to workers' compensation for injuries, including death, arising out of and in the course of employment. Mass. Gen. Laws ch. 152, §§ 1 and 31. Purely voluntary participation in a company recreational activity, such as an athletic event, party, or picnic, even if financially supported by the employer, does not arise out of employment. Mass. Gen. Laws ch. 152, § 1. For an employee to waive the right to workers compensation benefits and preserve the right to sue an employer in tort, notice of waiver must be provided at the time of hire. Mass. Gen. Laws ch. 152, § 24. If such notice is not provided, the workers compensation is the employee's exclusive remedy for the employee to recover for an injury covered by the Act. This Agreement will apply if the employee is injured while engaged in a purely voluntary event or if the employee waived coverage under the Workers Compensation Act and is subsequently injured in the course of employment. Estate of Moulton v. Puopolo, 467 Mass. 478 (2014). An employee may be liable to an employer or a third-party for property damage but must be afforded a fair hearing to determine the employee's responsibility for the damage. Awuah v. Coverall North America, Inc., 460 Mass. 484, 497 (2011). For related information, see Indemnity Provisions and Indemnity Clauses.