Release and Waiver of Liability Agreement
(Premises) (NY)

Summary

This release and waiver of liability agreement, which is governed by New York law, should be used by a property owner and a person(s) invited onto the owner’s property. The template contemplates assumption of risk and an indemnity relating to the use of the owner’s premises. This template includes practical guidance, drafting notes, and alternate and optional clauses. This agreement provides that the invitees may not sue the landowner and its employees and agents for injuries or property damage that they may sustain while on and using the owner’s property. The invitees acknowledge the risks associated with the use of the property and release the owner from any claims the invitee may have arising out of the invitee’s use of the premises. This agreement further requires the invitees to provide the landowner and other released parties with indemnification for any loss or damage they may cause while on the property. This template can be modified to address the circumstances in which the subject premises will be used by the invitees and for any specific concern the owner may have regarding potential liability. Note that N.Y. Gen. Oblig. Law § 9-103(1)(a) provides that the owner of premises owes no duty to keep the premises safe for entry or use by others for hunting, fishing, organized gleaning, canoeing, boating, trapping, hiking, cross-country skiing, tobogganing, sledding, speleological activities, horseback riding, bicycle riding, hand gliding, motorized vehicle operation for recreational purposes, snowmobile operation, cutting or gathering of wood for non-commercial purposes or training of dogs, or to give warning of any hazardous condition or use of or structure or activity on such premises to persons entering for such purposes absent certain circumstances (e.g., willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity (N.Y. Gen. Oblig. Law § 9-103(2)). For general information regarding commercial contracts, see Commercial Contract Drafting and Review.