Waiver of Liability and Hold Harmless Agreement

tsuag10

Joined: Dec 14, 2012

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10:57p, 2/4/24

AG

If I'm going to have photographers rent out time on my property (we have some giant old live oaks) for photo sessions, is a standard waiver of liability and hold harmless agreement sufficient if I have the photographers and their clients sign before the sessions? Is taking out an insurance policy really necessary?

TIA for any advice.

Casey TableTennis

Joined: Aug 28, 2013

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In reply to tsuag10 • 11:09p, 2/4/24

AG

Virtually every attorney and insurance person I've spoken with about this said they don't mean much. However, they could dissuade a marginal claim if you have one signed. Also, it could help with the degree of damages in a potential suit if you are taking responsible actions like this.

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Aglaw97

Joined: Nov 26, 2017

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10:40a, 2/5/24

AG

Without getting into a lengthy legal analysis, my suggestion is that it's better to have than not if they are willing to sign. It's not a magic bullet but has some value. If you have GL and umbrella insurance on the property, it should cover a claim but obviously you prefer not to use that.

Probably the biggest thing you can do to protect yourself is make sure if you have any hazards or dangerous conditions on the property that you wouldn't expect them to know about, make sure you highlight those to them and ideally put that in the release. As a landowner you do have a duty to warn against those types of risks that are not readily known or should be known by people on the property.

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