From Events to Volunteering:
4 Occasions to Use Waivers

Not sure when your nonprofit should use waivers? Before consulting your lawyer, check out this list of occasions that warrant waivers to decide if you need one.

A man uses a walkie-talkie to communicate at volunteer event

When it comes to securing support for their missions, nonprofits often turn to attention-grabbing marketing tactics, engaging campaigns, and exciting events. However, the techniques and tools you use to fundraise need more than just an appealing facade—strong fundamentals ultimately do the heavy lifting.

‍One fundamental part of effective fundraising is creating waivers to manage the risks and liabilities associated with your nonprofit’s activities, whether that’s a corporate volunteering event or your annual charity 5K.

While the first instinct for many nonprofits is learning how to make a waiver, there’s a crucial first step you can’t ignore: determining when to create a waiver. Consulting a lawyer is always best, but there are some basic rules of thumb your nonprofit can follow to determine when a waiver is necessary. Let’s review the most common occasions to use waivers.

1. Before events.

It’s easy to overlook the risks associated with an event, especially when your nonprofit has so many other event-planning tasks on its to-do list. To decide whether your event warrants a waiver, ask the following questions:

Does the event take place in person or use a hybrid format? For in-person events, your nonprofit must consider factors like venue capacity or safety concerns. Guests attending virtually, on the other hand, can interact with your event with far less risk.
Will participants engage in physical activity? Activities like running, lifting, or playing a sport could result in physical injury, and asking attendees to sign a waiver is likely a good idea.
Are you getting help from volunteers? Volunteer activities like event setup and tear down can involve lifting heavy objects, climbing ladders, and other tasks that present risks. If your event is running on volunteer support, be sure to have them sign a waiver before participating.
Are there obvious or inherent risks involved? Depending on the event, guests may experience inherent risks. This could include environmental risks associated with an outdoor setting or the potential for dehydration or injury if participating in a physical activity.

For events that warrant a waiver, it’s of the utmost importance that participants sign it well ahead of the planned activity. Smartwaiver recommends sharing digital waivers so your guests can take as much time as they need to read and carefully consider the terms before signing.

2. During volunteer onboarding and training.

Volunteers are critical members of your nonprofit’s support system, often helping your staff take on the hands-on work. Think about dog walkers at an animal shelter or tree planters at an environmental nonprofit—volunteer roles usually require people to get their hands dirty! By having volunteers sign a waiver, they are acknowledging the risks involved and waiving their right to hold your organization accountable.‍

‍Double the Donation’s volunteer management guide explains that preparing volunteers for success requires providing everything they need upfront. This could include training and supplies, as well as transparency surrounding the risks involved with the role. It’s your responsibility to let them know about potential risks before they agree to volunteer, so be sure to list common risks in your volunteer waiver, such as:

Physical injuries like accidental falls, cuts, or bruises.
Exposure to hazardous materials, such as chemical cleaning supplies, biohazards, or paint.
Exposure to contagious illnesses (particularly in healthcare settings).
Health-related risks, like heatstroke or allergic reactions.
Liability for property damage or harm to others.

Because the validity period for signed waivers isn’t universal, you’ll need to ensure you use the right language in your waivers to protect your organization. For example, ongoing or general volunteer waivers may include language like “valid until revoked,” meaning they are valid indefinitely (although lawyers still recommend having them re-sign annually).

Event-specific waivers are only valid for that event or activity, so volunteers must sign a new form to participate in a different event. Additionally, you may need to have volunteers re-sign waivers if they previously participated in your program as a minor and have since turned 18, or if you’ve made substantial changes to your volunteer program.

3. When loaning equipment or facilities.

Any time your nonprofit loans equipment or facilities to someone else, there’s a chance something could go wrong. Equipment rental agreements protect your nonprofit, its assets, and those using the equipment by ensuring everyone is on the same page about potential harm or damage.

Your waiver should highlight any rules or restrictions regarding the usage of your nonprofit’s equipment or facilities. With a legal document to fall back on in case of damages, theft, or other losses, your nonprofit and its assets will be protected. Plus, this minimizes the risk of damage or injury by ensuring people follow directions.

For example, let’s say your nonprofit loans its community center out for a corporate holiday party. While your nonprofit is excited to generate some extra revenue, the company renting your building may be looking forward to their holiday decorations—nailing Valentine’s Day decor to the wall, hanging snowflakes from the ceiling, or moving your furniture to fit in a Christmas tree.

To mitigate this risk, your nonprofit’s waiver must clearly define the expectations and responsibilities related to the rental. You might have the renter agree to refrain from using tape or nails on the walls. Or, perhaps you’ll permit wall hangings but prohibit them from moving furniture.

4. To obtain a photo release.

Visuals are the cornerstone of digital marketing. Your nonprofit likely uses (and should use!) photos, videos, illustrations, and other visual elements to capture its audience’s attention. This could include images of donors at fundraising events or volunteers engaging with your community. However, you must obtain consent from the subjects before using images of other people for commercial purposes.

A photo release is a legal document permitting your nonprofit to use someone’s image or likeness in its marketing materials. This waiver is critical for several reasons:

It provides legal protection for your nonprofit. A signed photo release protects your nonprofit from legal action (i.e., lawsuits) if someone decides they don’t want their photo shared.
It clarifies the scope of use. A photo release ensures everyone is on the same page about how your nonprofit will use the image and where it will be shared.
It builds trust with your nonprofit’s constituents. Your nonprofit will demonstrate respect for an individual’s privacy when you ask for their consent before sharing an image, bolstering trust among donors, volunteers, and other supporters.

Have all staff members and volunteers sign a photo release and include one in all your event waivers. This should cover all your bases, whether you take photos at volunteer orientation, a fundraising event, or during a typical workday.

Wrapping Up

While the protection offered by nonprofit waivers is undeniably necessary, these documents also provide additional benefits. For example, you’ll gain useful data about supporters, volunteer participation metrics, and event performance. You might obtain information about a supporter that you didn’t know before, like the name of their spouse, who is listed on the waiver as their emergency contact. Or, perhaps you’ll use waiver completion data to gain insights into event participation.

The best way to create effective waivers is to access waiver templates and consult a nonprofit lawyer. Their legal advice and a reliable waiver structure will safeguard your nonprofit and its constituents against risk so you can focus on what matters most: making an impact.

About The Author

Bradley Olson

Marketing Manager

Bradley Olson is the Marketing Manager at Smartwaiver, an industry-leading digital waiver provider trusted by thousands of organizations to deliver powerful, streamlined smart waivers.

Bradley supports efforts to bring waiver technology to the nonprofits, businesses, and schools that need it, protecting their reputations and livelihoods. With 15 years of marketing experience and over 25 years working for-profit and nonprofit businesses in a variety of different verticals, Bradley is uniquely qualified to educate others on digital waivers.