Do Nonprofits Need Liability Waivers?
Do nonprofits need to have liability waivers? While not always mandatory, it is often necessary for nonprofit organizations to obtain written releases or agreements releasing them from any and all responsibility that they may have for employees and volunteers. Even though the federal government does not require nonprofits to have a written waiver of liability, it is very important that nonprofits require volunteers to sign waivers that clearly state that they will not sue the other party for injuries or damages that the other party has caused the nonprofit. It is strongly recommended that nonprofit organizations require that their employees sign written waivers of all claims against them for injuries caused by their negligent acts.
A voluntary waiver of liability is important for most nonprofit organizations, including those engaged in work involving the use of a motor vehicle or other hazardous substances. Many activities that involve volunteers can result in injuries, including those that are expected to result in a physical injury (or death). Volunteers may be injured by doing hazardous work, regardless of whether the work is dangerous, and even though the work may involve physical laboring, it is strongly recommended by many law firms for nonprofit organizations to require volunteers to sign written waivers of liability before they perform the work. Even if the injury or accident is minor, it is necessary to obtain from volunteers a legal waiver that expressly waives their liability.
A nonprofit organization could avoid having to pay damages if a volunteer causes an accident or injury to a person who was a good friend or employee of the organization. Consequently, it is essential that nonprofit organizations secure written waivers of liability from volunteers who are engaged in nonprofit activities. Clearly stating the nonprofit’s liability in a written form that volunteers sign explains the nature of the risks involved in their work, as well as providing other protections if a disaster were to occur. In some states, it is even possible to dismiss the action against a nonprofit organization as being frivolous.
Despite the fact that some states grant charities immunity from liability, others have held that charities are not protected from liability for injuries suffered by volunteers. It is important for nonprofit organizations to have a written waiver of liability in order to protect themselves in the event that their volunteers cause an accident or cause other injuries. lawsuits. As. Some states allow nonprofits to avoid liability by requiring volunteers to sign written waivers of liability. Nonprofits are not immune from lawsuits brought by injured volunteers or by others for bodily injury caused by the negligence of these organizations.
Generally, nonprofits are not required by law to obtain waivers from volunteers, and even though voluntary agreements do not generally include any liability limitations, they are strongly advised to do so if they want to avoid future lawsuits and recover money damages. Nonprofit organizations should secure written waivers of liabilities (or releases) for volunteers so that nonprofits can safeguard themselves against lawsuits.
Looking for more insights on reducing your liability as a nonprofit? MyCommunity exists to build relationships and tools that equip organizations so that they can maximize their impact. Our suite of tools is designed to help organizations of all sizes focus on their mission without worrying about the logistics. We understand the importance of building strong relationships, so we provide the necessary tools to maximize impact and make a difference like our easy-to-use platforms MyDonors and MyVolunteers. Likewise, MyNonprofitCoach equips nonprofits with the training they need to be successful. Schedule a demo for any of our solutions here.
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