A release an individual signs in consideration for being able to participate in a certain activity and releases the party to whom the waiver is addressed from any damages or injuries resulting from the event described. Waivers are commonly referred to as a “permission slip”.
Why Use A Waiver?
The use of a waiver is very important when planning any activity or program. The waiver is a form of protection for you, your student group, and for the institution in case an issue or incident occurs during an event or activity.
Do I Need To Use A Waiver?
If you are facilitating, organizing, hosting, planning, sponsoring, etc., an on or off campus activity or program, then you may need a waiver.
If it is a mandatory activity, you do NOT need a waiver. Mandatory activities are not only requirements of an academic course, but also the course itself must be a required course to complete before graduation.
If voluntary activity, you DO need a waiver. Voluntary activities consist of activities taking place in an elective course as well as social activities, study abroad, honor’s program activities, etc.
Waivers are NOT necessary for low-risk activities such as on-campus meals, concerts, on-campus guest speaker events, etc.
Which Waiver to Use?
Answer the following questions to determine which waiver(s) you will need to distribute to your participants.
Does the activity involve certain risks inherent with the activity, but does NOT require necessary skills or a certain level of physical fitness? Use the General Waiver (see General Waiver link below). An example of an activity requiring a general waiver would be a trip to a professional conference.
Does the activity involve physical activity or involve necessary specific skills? If so, you will need the High-Risk Waiver. An example of an activity requiring a high-risk waiver would be a trip to a construction site, but before being able to participate the student must have taken certain courses, know certain skills, or have passed a test.
Please contact the Office of University Counsel by phone at 622-6693 or by email for assistance in obtaining a high-risk waiver.
Are any of the participants “guests” for whom the activity or program was not intended (i.e. children, spouses, other faculty members)? If so, they will need the Guest Waiver.
Additional Waivers: Will the activity be photographed or videotaped? If so, participants will need the Photo Release Waiver.
Tips When Using a Waiver
Distribute the waivers to participants a minimum of two weeks before the activity or program.
Students can complete the waivers electronically through the external links tool on your Blackboard page and submit them as assignments.
If participants are under the age of 18, be sure that their parent or guardian has read and signed the waiver. (Remember, EKU students can be under the age of 18.)
Review waivers to ensure their proper completion and make sure you have one from each participant the day before the activity or program.
Leave word with your department chair or office coordinator regarding your trip. Please leave the names of those students/participants attending the activity/trip, a rough itinerary for your activity/trip and contact information for trip organizers at the location(s) of your trip.
Completed waivers must be maintained for one (1) year after the date of activity for students who are 18 years of age or over as of the date of the activity. For students under the age of 18 on the date of the activity, the completed waiver must be maintained for one (1) year after the minor student reaches 18 years of age.
Medical Waivers and Information Sheets
Medical waivers are an important source of information for event or trip planners. If your event involves leaving campus, physical activity, or if it involves minors, then it is crucial that your participants be aware of the potential health concerns.
Medical Information Sheets provide you with the basic health information of the participant and can help you deal with potential emergencies.
Two types of medical forms:
Medical Information Sheets – provide information for you regarding potential health concerns for participants who are 18 or older
Distribute the medical forms a minimum of two weeks prior to the event.
Be sure to have all completed medical forms prior to the event.
Bring the medical forms with your group on the trip or activity as they may be needed to allow for treatment or simply reference in the event of an emergency.
Waiver FAQs
Yes, for minor students (under the age of 18) waivers from their parents or guardians are required.
Waivers and releases should contain a description of the activity. For higher risk or hazardous activities, a specialized release with a more detailed description of the specific risks should be used.
A general waiver is available under external links in Blackboard and also on our webpage. If you need assistance in choosing a waiver or formulating a waiver for high risk activity, please call the Office of University Counsel at 859-622-6693.
If YOU or EKU are sued or a claim is otherwise made for injury to a participant and you have failed to obtain a release from that participant, it is possible that EKU will likely NOT indemnify you and it is possible that you may be subject to disciplinary action, including termination.
An activity that requires physical activity or any special skills in order to participate. High risk activities also include any trips or programs that involve international travel. These activities require a more specific waiver. Please contact the Office of University Counsel at 859-622-6693 if you need a high risk waiver.
A low risk activity is one that is inherent to being a student at EKU such as on-campus meals, on-campus speakers, on-campus concerts, etc. These activities usually do not require waivers.
It is not appropriate to ask students to transport each other. It is better to hire a van to transport them to the destination or to simply announce that students are on their own to get to the destination.
Generally not, as long as the activity is voluntary.
If an individual opts to use their own personal auto for EKU-related business, their personal auto insurance is primary and EKU will NOT reimburse for deductibles, physical damage to the vehicle or any surcharges to insurance premiums resulting from accidents or violations cited while on EKU business.
No. Students and employees are strongly encouraged to have insurance to cover their own personal belongings and property. The University has no responsibility for any theft, damage, destruction, loss, etc., of any personal property, including but not limited to, money, valuables or equipment belonging to or in the custody of the student or employee whether caused by intentional or negligent act, failure to act, natural causes, fire or other casualty.
Be sure the participant receives immediate medical attention that may be necessary. Please also contact the Office of the EKU Claims Specialist to report the injury.
If the student is currently registered with the Center for Student Accessibility (CSA) or have a condition that may require accommodations in order to participate or attend this activity fully, please contact the faculty member or employee who is facilitating the activity and contact CSA in the Student Services Building Room 361 by email at accessibility@eku.edu or by telephone at 859-622-2933. The University will make every effort to make the activity fully accessible. However, some elements may be out of the control of EKU and therefore, alternative options may need to be discussed with the facilitator and the CSA.
If the travel is local, keep the originals in your office. There is no need to provide a copy for anyone else. If travel is overnight or out of state, then keep the originals in your office and leave a copy in the department office PRIOR to the trip. Medical forms – a copy needs to be taken on the trip and a copy made for and left with the department office PRIOR to the trip. Maintain all originals and then destroy by shredding due to personal information.
