Top 5 Recommended Components to Add to Your Digital Waiver
While it may not seem like it at first, whitewater rafting and your next fundraising event do have something in common—they (should) both require participants to sign waivers.
Waivers aren’t just for outdoor adventures. Any event comes with some level of risk, and waivers can help prevent your nonprofit from incurring costly legal damages if those risks come to pass.
While using waivers does introduce another step into your event planning process, digital waivers streamline the process for you and event attendees. However, it’s important to know what to include in these forms to prevent legal issues effectively. In this guide, we’ll explore some digital waiver basics and the key components to include in each one—let’s begin!
Why use digital waivers as a nonprofit?
As mentioned, waivers can function as a legal shield by naming the risks of engaging with a specific activity or event and limiting the organization’s responsibility for injuries and damages. While these documents aren’t foolproof, understanding their use cases, how to draft them, and the importance of working with a lawyer will strengthen your waivers.
As a nonprofit, you’ll most commonly need to obtain waiver signatures:
- From event attendees: Events of any kind can come with risks, especially those with some kind of physical element. For instance, someone participating in your 5K fundraiser could sprain their ankle. By having attendees sign a waiver, they release your organization from liability for issues like these.
- From volunteers: Similar to fundraising events, volunteer opportunities can have inherent risks. Often, these opportunities involve manual tasks like lifting heavy objects or caring for animals. Draft a special volunteer liability waiver covering specific risks volunteers may encounter.
- For photo releases: A photo release is an agreement that permits your organization to use a person’s image for commercial purposes. Photos from your events make excellent marketing materials, but you’ll need to do your due diligence and secure a photo release from anyone featured in the images. This is especially important if you’re working with minors. Make this easy by adding a photo release clause to your waiver.
In addition to preventing legal issues, waivers can help you learn more about your supporters and personalize future interactions.
For example, you might reference all of the past waivers a specific donor has submitted, see that they frequently engage in fundraising events that include games and activities for kids, and send personalized invitations to similar events in the future. Or, you could reference all of the events a supporter has attended in your donor recognition efforts.
Digital waivers are also a much more eco-friendly option than paper forms, making them a great option for any organization that prioritizes sustainability.
What should you include in your digital waivers?
Below are some of the most important formatting elements you should consider adding to your waivers—keep in mind that you’ll need flexible, customizable software for this. But before you start drafting the form, find a lawyer who can help.
As Smartwaiver’s guide to making a waiver explains, “waivers that do not mention all possible risks, use vague or unclear language, or violate local regulations” may face enforceability issues that negate the benefits of using a waiver in the first place. A lawyer can ensure you use sound legal language and comply with the specific regulations governing waiver usage in your state or country.
1. Signature boxes
Signature boxes are where participants actually sign the document, and they are one of the most important aspects of the waiver. You may have participants draw their signature with a mouse or stylus or simply type their name to agree to the terms in the waiver. Don’t worry—these signatures are as legally binding as a “wet” signature signed with pen and paper, thanks to the E-Sign Act.
If there are very specific parts of the document you want people to agree to, you might also add signature boxes. For instance, you might embed a safety video in the waiver and have participants agree to a statement saying they viewed the materials and will follow all safety instructions.
2. Training materials
Your event or volunteer opportunity may require participants to view training materials beforehand. This not only keeps them safe but also ensures the event runs smoothly and efficiently. For example, you could have volunteers at your animal shelter watch a training video on how to clean cages and properly greet and engage with animals. Or, you might have supporters participating in a charity soccer tournament watch a quick video with stretches and tips for preventing injury.
Including these materials in your waiver will also streamline event registration. Supporters can easily access the waivers before the event and complete the training process at home without wasting time when they arrive.
3. Flagged questions
Some questions may require a certain answer for the participant to submit the form. For instance, only adults can agree to a waiver. So, you might flag the question “Are you 18 years or older?” so participants who check “No” cannot proceed.
Flagged questions ensure each waiver is completed accurately and is legally sound, maintaining your peace of mind. Plus, this automatic method keeps incomplete waivers from slipping through the cracks and removes the chance of human error.
4. Parent/guardian relationship options
While it’s true that minors cannot agree to the terms in a waiver, there are plenty of activities that both require waivers and are appropriate for minors. For instance, Atlanta Habitat for Humanity has diverse volunteer opportunities for those 16 and older—how do you navigate situations like this?
Fortunately, there’s a simple solution. Just allow the user to choose who will participate in the activity (an adult, a minor, or both) and then direct them to the correct form. This way, parents and guardians can complete forms on behalf of their children.
5. Custom fields
Think of custom fields as the wildcards of digital waivers—you can use them for anything you like! Here are a few examples of why you might use this element:
- Obtaining medical information or emergency contacts
- Gathering input on health and safety preferences (e.g., dietary restrictions)
- Asking supporters how they found out about your event to track marketing performance
- Preparing for the event with event-specific questions (e.g., for an auction, auction item preferences, bidding limits, and overall budget)
Custom fields can help you better plan your event, customize the waiver to fit your unique needs, and obtain useful information about supporters that you can use to tailor future interactions.
When it comes to protecting your nonprofit from legal harm, digital waivers are definitely the way to go. However, be aware that while it sounds promising, free digital waiver software may not be the best option. These tools often have hidden fees, paywalled features, and lackluster tech support—plus, they have no incentive to go the extra mile with updates and stringent security measures.
Instead, select a provider within your budget that offers scalable, customizable, and secure forms as well as quality customer service.
