General Releases of Liability and Informed Consent Notices

 

General Releases of Liability

A general release of liability is instrumental in minimizing liability exposures in the following instances: student participation in high-risk, voluntary activities and non-CSUDH affiliated participation in high-risk campus sponsored events. 

 

Student Participation in High-Risk Voluntary or Extra Curricular Activities

In most cases, voluntary or extra curricular activities in which students participate do not present a high-risk of injury.  However, occasions do arise where higher risk activities are performed.  Examples of higher risk activity include mountain climbing, skiing and most other sports.  For these instances, a completed General Release of Liability form is a prudent measure.

 

Community Participation in High-Risk Activities

Community participation in university sponsored activities typically does not require the use of a general release since the majority of these events are low risk.  However, some events, especially sports related, do pose a higher risk of injury.  For these situations, participants should complete a General Release of Liability form.  Where the participant is a minor, the participant’s parent or guardian must sign the form.

 

Informed Consent Notices

 

Informed consent notices are used in situation where the student is engaged in a curriculum based high-risk activity. Informed consent notices are not intended to be used in lieu of a general release but serve to advise students of risks associated with the activity they are about to engage in.  Classes and field trips that involve a high degree of physical activity or risk of bodily injury are the likeliest situations where an informed consent notice would be used.

 

Content of General Release of Liability and Informed Consent forms

 

The effectiveness of these two forms is limited by their content.  The forms must outline the type and nature of risks associated to the activity.  For instance, the type of risks associated with mountain climbing may include abrasions, contusions and fractures. All injuries must be considered when describing the risks associated with the activity.  While this description may appear to be excessive, it is essential in providing comprehensive advisement to the participant or student.  Completed forms should be retained for at least one year following the event or activity.