Employee Release, Liability Waiver and Indemnification Agreement
(TX)

Summary

This employee release, liability waiver and indemnification agreement is for use in Texas between an employer and an employee regarding the employee's participation in company sponsored events and/or the 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 allowing them to participate in employer activities or prior to their 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 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. Among other exceptions, the Texas Workers' Compensation Act does not cover injuries arising out of an employee's "voluntary participation in an off-duty recreational, social, or athletic activity that did not constitute part of the employee's work-related duties." Tex. Lab. Code § 406.032(1)(D). Therefore, this agreement provides the employer coverage for claims that may not be covered by workers' compensation. 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. Under Texas's "fair notice requirement," courts will only enforce an indemnification of a party's own negligent acts if such protection is set forth in a clear and conspicuous manner in the agreement. Dresser Indus., Inc. v. Page Petroleum, Inc., 853 S.W.2d 505 (Tex. 1993). To be enforceable, an indemnification of a party's own negligence must: (1) be conspicuous by "attract[ing] the attention of a reasonable person when he looks at it," such as large, bold, capitalized letters in contrasting font color; and (2) satisfy the "express negligence rule," by unambiguously expressing the intent to indemnify the party's own negligence in specific terms within the four corners of the contract." Id. For a non-jurisdictional version of this template, see Employee Release, Liability Waiver and Indemnification Agreement. For related information, see Indemnity Provisions and Indemnity Clauses.