Securing Waivers of Liability from Volunteers of Nonprofit ...

1 Janaury 2010. Revised November 2017. Securing Waivers of Liability from Volunteers of Nonprofit Organizations Nonprofit organizations often rely on organization may not be insured. Thus, Volunteers who generously give their time Waivers of Liability can play an important role and take on a wide variety of tasks critical to in protecting the organization's funds, and the success of the Nonprofit 's mission, some ensuring that those funds are used for the of which may involve a risk of injury. As an organization's mission rather than in example, nonprofits sometimes seek defending legal claims.

2 Volunteers to do construction-related work for needy families, help staff a homeless In order for the waiver to protect the shelter or provide home based care to senior Nonprofit organization from legal claims as citizens. Depending upon the nature of the much as possible, it would help if the organization and the work that the volunteer Nonprofit adopted a basic orientation undertakes, it may be important for a program for all new Volunteers . The program Nonprofit organization to protect itself from can serve several functions: potential personal injury Liability by making sure it obtains signed Waivers from its it is a good way for the Nonprofit to Volunteers .

3 Educate the volunteer about its mission;. it helps orient the volunteer to the What is a volunteer waiver of Liability ? Nonprofit 's programs and procedures;. it allows the Nonprofit to provide any A waiver of Liability (also known as a necessary safety training for the release ) is a written statement in which the volunteer ; and volunteer agrees to assume the risk of injury it provides a setting for the Nonprofit to inherent in the volunteer activity, and also ask the volunteer to sign the waiver and releases the organization from Liability for release.

4 Any injuries that he or she might sustain while working as a volunteer . The organization should ask the volunteer to read and sign the written waiver of Liability Most Waivers of Liability are designed to prior to the start of any work. By reviewing prevent future legal claims against the and signing the document, the volunteer organization related to injuries for which the agrees to give up the right to seek monetary organization might otherwise bear legal damages from the organization if he or she responsibility, and for which the Nonprofit gets injured while working for the organization, and in exchange, the organization provides the volunteer with a 1.

5 Janaury 2010. Revised November 2017. structured opportunity to serve the that is based on the notion that the funds of a community. charitable organization are held in trust for the benefit of the public and should not be The language used in the written waiver of diverted to pay damage awards. Liability is very important because it establishes the scope of the waiver and is the In Virginia as well, courts have considered basis upon which a court might ultimately the charitable status of an organization that is determine whether the organization will be being sued for injuries caused by negligence.

6 Held liable for a volunteer 's injuries. The The law recognizes a limited form of process used to obtain the waiver is important immunity that is available to certain to demonstrate that the waiver was obtained organizations if the organization's voluntarily, without any pressure by the beneficiaries are injured by negligent organization, and as a precondition to starting employees. any work. The legal doctrine of charitable immunity is Are volunteer Waivers necessary? not widely accepted, however, and should not be considered sufficient to eliminate the need A Nonprofit is not required to have a written for written Waivers of Liability .

7 The District waiver of Liability . However, requiring of Columbia courts, for example, rejected Volunteers to execute Waivers of Liability is charitable immunity principles in the mid- strongly recommended for organizations that 1940s and have consistently concluded that engage Volunteers in tasks that have the Nonprofit corporations and organizations can potential of resulting in bodily injury, such as be held liable for injuries caused by the work that involves physical labor or that negligence of their agents and employees. places Volunteers in areas where hazardous conditions may exist.

8 Even if the risk of Consequently, although a Nonprofit may be injury is small, seeking and Securing written able to claim charitable immunity as a Waivers may prevent the organization from defense to a negligence action in some cases, being held liable in the future. Nonprofit organizations in the DC metro area are advised to secure written releases/ Waivers A written waiver also serves to educate the of Liability from Volunteers , in order to best volunteer about the potential hazards insure that the Nonprofit can best avoid involved in the organization's work.

9 By personal injury lawsuits and the payment of focusing the volunteer 's attention on the monetary damages. potential hazards, the waiver can play an important role in the Nonprofit 's efforts to Are volunteer Waivers likely to be reduce accidents and injuries. enforceable? In a few states, Waivers of Liability may not Whether a court is likely to enforce a waiver be needed to shield Nonprofit organizations of Liability that releases an organization from engaged in charitable work from negligence Liability for personal injuries varies from state lawsuits.

10 As a matter of law, charitable to state. In some jurisdictions, Waivers of organizations in certain jurisdictions are not Liability are disfavored and are generally not subject to suit for accidents or injuries. enforced while courts elsewhere will uphold a clear, signed waiver of Liability even if the In Maryland, for example, the courts have a person who signed it contends that he or she longstanding doctrine of charitable immunity 2. Janaury 2010. Revised November 2017. did not read the document or understand its legislature has specifically prohibited or terms.