Let’s chat about two legal docs you’re probably using right now… but probably incorrectly.

Waivers and Contracts.

Are they twins? Nope, more like cousins!

Legal Love™ Tip: Waivers and Contracts? Totally different!

So, what’s a Waiver… and what’s a Contract?

How do they protect you?

And which one should you use, and when?

Waiver (e.g. Event Waiver, Yoga Class Waiver)

• Who should use it: Fitness instructors and yoga teachers or seminar hosts.

• When to use it: For in-person classes or seminars less than 1 day long.

• Purpose: A ONE-SIDED legal document that the client signs to give up (waive) their rights to sue the instructor/host.

• How long should it be? It’s usually 1-2 pages, very basic, and only says you’re not liable for harm or injustice. It usually does not protect your income or content.

• Signatures required: Only the client signs.

• What it should include: Disclaimer language to be clear and transparent that the client is not holding you responsible for any injury or harm.

• What else you need to know: A lot of coaching schools and online platforms give sample Waivers – but this is not the right document for most coaches/biz owners to use. You are exposing yourself to risk – because Waivers lack a lot of key legal sections you actually need.

(By the way, if you are a licensed practitioner, you’ll use an Informed Consent Form with patients. It’s signed only by the patient – not by both of you – but the patient is not giving up any rights so it’s not the same as a Waiver.)

Contract (e.g., Client Agreement):

• Who should use it: 1-on-1 coaching or service-based work such as a health coach, business coach, spiritual mentor or website designer.

• When to use it: THIS is the document you should use for any client program for 1-on-1 clients – NOT a Waiver.

• Purpose: A TWO-SIDED legal document that details responsibilities for both parties to ensure clear expectations and prevent future misunderstandings.

• How long should it be: At least 5 pages. It includes Waiver language and MUCH more language to protect your income, content, reputation and more. To cover all of that, it can’t be super-short. (If it is, you’re probably missing some language).

• Signatures required: Both you and the client.

• What it should include:
  Clear description of services, expectations and boundaries
  Disclaimers/Waiver language and liability limitations
  Payment terms – how much, when, etc.
  Intellectual property protection
  Legal recourse in cases of non-payment or program withdrawal

• What else you need to know: The drawback of Contracts is that they require both of you to sign the document. And yes, you both really need to sign it. If a client contests payment with a bank or PayPal, they will need to see a CONTRACT – so this protects you more than a Waiver or even Terms of Use with a checkbox.

Contracts and waivers are so often confused.

For a deeper dive into when to use Waivers versus Contracts or if you retain more info by listening to a podcahttps://lisafraley.com/wp-admin/post.php?post=63735&action=edit#st… check out our Legally Enlightened Podcast Episode 82 HERE. (It’s a quick listen!)

Know which type of legal document to use – and when! – to protect yourself as you move forward to expand your services, products, and reach.

Here’s to legal clarity and not being confused about Waivers and Contracts anymore!