What a BC release of liability waiver is for
Activity providers in British Columbia, from yoga studios and climbing gyms to kayak outfitters, ski schools and adventure tour operators, rely on signed waivers to manage the risk of injury claims. A well-drafted waiver, signed by an informed adult, can stop a claim even where the provider was negligent. A poorly drafted or carelessly presented one fails exactly when it is needed: when the risks are described vaguely, negligence is not mentioned, the participant was handed it at the start line, or the participant was under 19.
This template is drafted to the standards BC courts apply. It opens with a bold warning that the participant is giving up the right to sue, including for negligence, defines who is released, describes the activity and its specific risks, and has the participant initial the risks, the assumption of risk, the release and the indemnity. It names negligence and the Occupiers Liability Act expressly, covers the participant's own responsibilities and emergency medical treatment, and ends with a declaration that the participant is 19 or older and has read and understood it. A separate parent or guardian consent form handles minors honestly, and a nine-step checklist shows the provider how to present the waiver so it is more likely to be enforced.
When to use it
Use it for adults taking part in recreational, fitness, sporting and adventure activities in British Columbia: gyms and studios, climbing, cycling and running events, paddling and boating, skiing and snowboarding lessons, horseback riding, camps for adults, and equipment rentals. Use a version for each distinct activity, because the risks section must describe what participants actually do.
Use the parent or guardian form, not the waiver, for anyone under 19. Waivers cannot protect against claims for injuries caused deliberately or by reckless disregard, and they do not replace insurance, safety procedures or WorkSafeBC coverage for your workers.
What's inside
The full list of sections and fields in this template, in the order they appear.
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Warning and parties
- Bold warning
- Provider
- Activity description
- Location and dates
-
Risks and assumption of risk
- Releasees defined
- Activity-specific risks
- General risks
- Negligence of the Releasees
- Initials
-
Release, waiver and indemnity
- Waiver of claims including negligence and Occupiers Liability Act duties
- Binding on heirs
- Indemnity for third-party claims
- Initials
-
Responsibilities, medical and general terms
- Health disclosure
- Rules and equipment
- No impairment
- Emergency treatment consent
- BC law
- Severability
-
Declaration and signatures
- Read and understood
- 19 or older
- Opportunity for advice
- Participant signature
- Witness
-
Under-19 consent and provider checklist
- Parent or guardian acknowledgment and consent
- Medical consent
- Nine-step presentation checklist
- Retention
Preview pages
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Page 1 -
Page 2 -
Page 3
How to complete the waiver
- Name the provider and the activity. Use the legal name and describe the activity specifically.
- List the real risks. Replace the examples in Section 2 with the risks of your activity, in plain language.
- Check the Releasees. Add any landowner, partner or sponsor that should be released.
- Keep the negligence wording. Do not soften or remove the capitalized negligence language.
- Send it in advance. Email it at booking, and post it on your website.
- Give time to read it. Invite questions, and point out that it waives the right to sue.
- Have each section initialled. Collect initials, signature, date of birth and date.
- Handle minors separately. Use the parent or guardian form for anyone under 19.
- Keep the records. Store signed agreements and the checklist past the limitation period.
Example: a completed waiver excerpt
A fictional Tofino outfitter, Clayoquot Paddle Co., runs guided sea kayaking tours:
Activity: guided sea kayaking tours of 3 to 6 hours, including instruction, paddling, launching and landing on beaches, and use of kayaks, paddles, spray skirts and personal flotation devices. Specific risks: capsizing, immersion in cold water and hypothermia; wind, swell, tides and currents; collision with rocks, logs and boats; encounters with wildlife; remoteness and delayed rescue. Responsibilities: participant discloses a past shoulder dislocation in Section 6.
The outfitter emails the waiver with each booking confirmation, the guide reviews it with the group before launch and points out the release, each participant initials Sections 2 to 5, and a 16-year-old on the tour has the parent form signed by their mother.
BC rules to know
These are the British Columbia rules this waiver is built around.
- Occupiers Liability Act, section 3. Occupiers owe a duty of reasonable care, and have only a limited duty for risks willingly assumed.
- Occupiers Liability Act, section 4(1). An occupier that excludes or restricts its duty by agreement or notice must take reasonable steps to bring it to the person's attention.
- Infants Act, section 19. Contracts made by a person under 19 are generally unenforceable against them.
- Case law on waivers. Karroll v. Silver Star Mountain Resorts (1988) on whether a signer knew or ought to have known the terms; Wong v. Lok's Martial Arts Centre (2009) on parent-signed waivers; Tercon Contractors v. British Columbia (SCC 2010) on interpreting exclusion clauses, unconscionability and public policy.
- Limitation Act. A two-year basic limitation period, postponed for minors until they reach 19.
- Age of majority. 19 in British Columbia.
Mistakes that make waivers fail
Waivers fail when they use generic wording that does not mention negligence, describe the risks of a different activity, are presented at the last minute with no explanation, are signed by minors or by parents for minors, or are contradicted by marketing that promises complete safety. Others are missing initials, unsigned copies and records thrown away before a claim is made. Completing this agreement for your actual activity and following the checklist every time avoids each of them.
Frequently asked questions
Are liability waivers enforceable in BC?
Often, yes. BC courts have upheld waivers that clearly release claims for negligence, describe the activity and its risks, and were signed by an adult who knew or ought to have known what they were signing. They look at how the waiver was presented, and the Occupiers Liability Act requires an occupier to take reasonable steps to bring any exclusion of its duty of care to the person's attention.
Can a parent sign a waiver for a child in BC?
A parent can consent to a child's participation, but a waiver signed by or on behalf of someone under 19 generally cannot be enforced against the child. Section 19 of the Infants Act makes contracts unenforceable against a person who was a minor when they were made, and a BC court applied it to a parent-signed waiver in Wong v. Lok's Martial Arts Centre Inc. (2009).
Does a waiver have to mention negligence?
It should, clearly. Courts read exclusion clauses narrowly, so a waiver that does not expressly cover the provider's own negligence may not protect against it. This agreement names negligence in the risks, the release and the warning at the top.
What makes a BC waiver more likely to hold up?
Sending it in advance, giving time to read it, pointing out that it waives the right to sue, describing the actual activity and risks, having each key section initialled, and avoiding advertising that contradicts it. A court may still refuse to enforce a waiver that is unconscionable or contrary to public policy under the Supreme Court of Canada's test in Tercon Contractors (2010).
How long should I keep signed waivers?
At least until the limitation period for any claim has passed. In BC that is generally two years after the injury is discovered, and for a minor the period does not start until they turn 19, so keep records for participants under 19 until well after their 21st birthday.
