Liability Waiver
Download a customizable liability waiver for catering company use. Covers food safety, event cancellations, alcohol service and staffing risks under FSMA, OSHA & FLSA. No
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Catering companies servicing clients in the wedding and corporate events industry are frequently sued when a guest suffers foodborne illness after consuming undercooked proteins or cross-contaminated... Read more
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Customize your Liability Waiver
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Legal Document
This Liability Waiver and Release of Claims (this "Waiver") is made and entered into as of [date] by and between [company_name] (the "Released Party"), including its officers, directors, employees, agents, representatives, successors, and assigns, and [participant_name] (the "Participant"). In consideration of the Participant being permitted to participate in the activities described herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Participant agrees as follows:
The Participant hereby acknowledges and agrees that participation in the following activity or activities provided by [company_name]: [activity_description] (collectively, the "Activities"), involves inherent risks, dangers, and hazards that may result in serious personal injury, permanent disability, paralysis, death, or property damage or loss. Such risks include, but are not limited to: physical exertion and strain; contact with other participants, equipment, surfaces, or natural features; adverse weather conditions; equipment failure or malfunction; inadequate or negligent instruction or supervision; the negligence of other participants or third parties; and any other risks inherent in or arising from the Activities, whether or not specifically identified herein. THE PARTICIPANT HEREBY EXPRESSLY AND VOLUNTARILY ASSUMES ALL RISKS OF INJURY, ILLNESS, DAMAGE, OR LOSS ARISING FROM OR RELATED TO THE ACTIVITIES, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTY OR OTHERWISE, AND WHETHER SUCH RISKS ARE KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, AT THE TIME OF EXECUTION OF THIS WAIVER. The Participant acknowledges that the Participant has had a full and adequate opportunity to review and consider the nature of the Activities and the risks described herein, and the Participant's assumption of risk is made knowingly, voluntarily, and without coercion or duress of any kind.
In consideration of being permitted to participate in the Activities, the Participant, on behalf of the Participant and the Participant's heirs, executors, administrators, personal representatives, assignees, and next of kin, hereby FOREVER RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE [company_name], its officers, directors, employees, agents, representatives, volunteers, affiliates, subsidiaries, parent companies, successors, and assigns (collectively, the "Released Parties") from and against any and all claims, demands, actions, causes of action, suits, liabilities, obligations, damages, losses, costs, expenses (including reasonable attorneys' fees), and judgments of every kind and nature whatsoever, whether known or unknown, suspected or unsuspected, fixed or contingent, that the Participant now has, has ever had, or may hereafter have against the Released Parties, arising out of, connected with, or in any way related to the Participant's participation in the Activities, including but not limited to claims arising from the negligence (whether active or passive), gross negligence, or willful misconduct of the Released Parties, or from any defect or dangerous condition of the premises, facilities, or equipment used in connection with the Activities (collectively, the "Released Claims"). This release is intended to be as broad and inclusive as permitted by applicable law.
The Participant agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS [company_name] and the Released Parties from and against any and all claims, demands, actions, causes of action, suits, liabilities, obligations, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) brought by or on behalf of the Participant, the Participant's heirs, executors, administrators, personal representatives, assignees, next of kin, or any third party, arising out of, connected with, or in any way related to the Participant's participation in the Activities, including but not limited to any claims arising from the Participant's own negligence, breach of this Waiver, or violation of any applicable law, rule, or regulation. This indemnification obligation shall survive the termination or expiration of this Waiver.
The Participant hereby authorizes [company_name] and its employees, agents, and representatives to obtain or provide emergency medical treatment for the Participant in the event of an injury, illness, or medical emergency arising during or in connection with the Participant's participation in the Activities, including but not limited to first aid, CPR, transportation to a medical facility, and any other emergency medical care deemed necessary by medical professionals or by [company_name] personnel. The Participant acknowledges and agrees that the Participant shall be solely responsible for all costs, fees, and expenses associated with any such medical treatment, including emergency transportation, hospitalization, surgery, and any follow-up care. The Participant releases the Released Parties from any and all liability arising from the provision of, or failure to provide, emergency medical treatment.
The Participant hereby acknowledges and represents that: (a) the Participant has carefully read this Waiver in its entirety and fully understands its terms and conditions; (b) the Participant is aware that this Waiver constitutes a legally binding contract and a complete release of all liability owed to the Participant by the Released Parties; (c) the Participant has signed this Waiver freely, voluntarily, and without coercion, duress, or undue influence of any kind; (d) the Participant is at least eighteen (18) years of age and is legally competent to enter into this Waiver; (e) the Participant has had the opportunity to consult with legal counsel of the Participant's choosing before executing this Waiver and has either done so or has voluntarily elected not to do so; (f) no oral representations, statements, promises, or inducements apart from the terms set forth in this Waiver have been made to the Participant; and (g) the Participant intends this Waiver to be a complete and unconditional release of all liability to the greatest extent permitted by applicable law.
This Waiver shall be governed by, construed, and enforced in accordance with the laws of the state in which [company_name] maintains its principal place of business, without regard to any conflict of laws principles that would require the application of the law of any other jurisdiction. In the event that any dispute arises under or in connection with this Waiver, the Participant irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts located in the jurisdiction of [company_name]'s principal place of business, and the Participant hereby waives any objection to such jurisdiction or venue, including any objection based on inconvenient forum. If any provision of this Waiver is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Waiver, and the remaining provisions shall continue in full force and effect. This Waiver constitutes the entire agreement between [company_name] and the Participant with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and representations, whether written or oral.
The Client acknowledges that the Catering Company maintains a food safety plan compliant with the Food Safety Modernization Act (FSMA) and has undergone all required health department inspections. Client has received and reviewed the menu’s ingredient list and allergen information prior to finalizing the tasting menu. Client assumes all risk of foodborne illness for guests after the food has been served, recognizing that off-site catering carries inherent risks even when preventive controls required by FSMA are followed. Client agrees not to bring any claim against the Catering Company for illness traceable to food consumed at the event provided the Company adhered to its written hazard analysis plan. This provision is intended to satisfy the documentation requirements of the FDA under FSMA and to allocate risk in accordance with industry standards for professional catering operations. (Minimum 92 words)
Client understands that Catering Company staff work under time constraints and in temporary kitchen environments that may present ergonomic and slip hazards regulated by the Occupational Safety and Health Act (OSHA), 29 CFR §1910.132 and §1910.138. Client agrees to provide safe access to the venue kitchen and to keep non-staff persons out of active food preparation areas. Client further indemnifies the Catering Company against any claims brought by its own guests or invitees alleging injury caused by Catering Company staff performing normal duties. This clause ensures compliance with OSHA’s hazard communication standards while limiting the Company’s exposure to third-party claims arising from staffing shortages or last-minute setup changes common in catering. By signing, Client confirms it has read and accepts these operational risks.
In the event of cancellation, Client agrees that any non-refundable deposit covers the Catering Company’s pre-incurred costs for menu planning, staff scheduling, and perishable food purchases. Client waives any right to claim damages or refunds beyond the deposit when cancellation is caused by events outside the Company’s control, including but not limited to weather, pandemics, or venue unavailability. This clause is consistent with standard industry practice and helps prevent the common contractual pain point of disputes over final guest count or setup fees after a force majeure event. The parties agree that this liability waiver for catering company survives any termination of the primary catering contract.
If alcohol is served at the event, Client represents that it possesses a valid liquor license issued by the appropriate state or local authority. Client agrees to indemnify, defend, and hold harmless the Catering Company from any claims, damages, or liability arising from the service or consumption of alcohol, including but not limited to dram-shop liability. This indemnity survives the termination of the event and is provided in addition to the general release of liability. The Catering Company makes no warranty regarding the Client’s compliance with alcohol service laws and relies entirely upon the Client’s representation of proper licensing. This provision is designed to protect the Company when the Client elects to self-supply alcohol at catered events.
[menu description]
BY SIGNING BELOW, THE PARTICIPANT ACKNOWLEDGES THAT THE PARTICIPANT HAS READ THIS WAIVER, FULLY UNDERSTANDS ITS TERMS, UNDERSTANDS THAT THE PARTICIPANT HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGNS IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Participant
Name: Participant
Date: ___________________
Catering companies servicing clients in the wedding and corporate events industry are frequently sued when a guest suffers foodborne illness after consuming undercooked proteins or cross-contaminated allergens from a tasting menu. A liability waiver for catering company events explicitly shifts assumption of risk for these hazards to the client while documenting that you provided dietary accommodation details and followed FSMA preventive controls. Without this waiver, a single norovirus outbreak traced to your mobile kitchen can trigger six-figure insurance claims and reputational damage even when you carry proper food handler certifications. The document also addresses common contractual pain points such as last-minute per-head pricing adjustments, responsibility for damages to rented chafing equipment, and interpretation of force majeure for weather-related cancellations that leave you with unused staffing. By obtaining signatures before setup begins, you create contemporaneous evidence that the client understood the risks of off-site food service, received your health department inspection certificate, and agreed to indemnify your company against third-party claims arising from alcohol service if they supplied the liquor license. This targeted protection, combined with your standard contract’s non-refundable deposit clause, helps maintain profitability when an event is canceled 48 hours before the tasting menu is plated. Our generator produces a clear, enforceable waiver tailored to the unique workflow of professional caterers—covering everything from kitchen ergonomics required by OSHA to accurate guest-count finalization—without the generic language that courts often strike down.
Beyond the standard liability waiver sections, this template adds fields specific to Catering Company:
The core legal purpose of a Liability Waiver is to reduce or eliminate the legal liability of an organization or entity by having the participant acknowledge and accept the risks involved in an activity, thereby waiving their right to sue for damages or injuries incurred as a result of their participation.
Food Safety Liability
Contracts contain clauses requiring compliance with health department standards and insurance coverage for foodborne illnesses.
Alcohol-Related Liability
Contracts often require proof of liquor license and indemnity clauses to protect against claims resulting from alcohol service at events.
Event Cancellation
Inclusion of cancellation clauses and non-refundable deposit stipulations in contracts to cover costs and minimize losses.
For this liability waiver to be legally valid:
Common mistakes to avoid:
Food Safety Modernization Act (FSMA)
The FSMA requires catering companies to ensure food safety through various preventive controls and hazard analysis to minimize foodborne illness risks.
Enforced by Food and Drug Administration (FDA)
Occupational Safety and Health Act (OSHA)
OSHA regulations ensure that catering employees work in safe conditions, requiring hazard communication, safe handling of equipment, and ergonomics, particularly in kitchen and food service environments.
Enforced by Occupational Safety and Health Administration (OSHA)
Fair Labor Standards Act (FLSA)
Governs wage and hour laws, including minimum wage, overtime pay, and record-keeping for catering staff.
Enforced by U.S. Department of Labor
Recommended coverage: General Liability Insurance · Product Liability Insurance · Liquor Liability Insurance · Workers' Compensation Insurance · Event Cancellation Insurance
The waiver contains a detailed assumption of risk clause listing common food-safety hazards such as improper temperature control and allergen cross-contact. It requires the client to acknowledge receipt of your FSMA-compliant hazard analysis and that they chose the final tasting menu. Courts have upheld similar releases when the risks were specifically described, reducing the likelihood of successful negligence suits even if a guest later claims illness. The document also references your current food service establishment license and health department approval to demonstrate due diligence.
Yes. When your catering company pours or serves alcohol, the waiver’s indemnification clause requires the client to hold you harmless for claims arising from over-service if they provided the liquor license. This is critical because many states impose dram-shop liability on the caterer even when the host supplied the alcohol. The waiver also records that you confirmed the client’s liquor license number and that all servers completed mandatory alcohol awareness training, creating a clear paper trail that limits exposure.
The form includes fields for final per-head pricing, exact guest count, and a separate acknowledgment of setup and cleanup responsibilities. By having the client sign after you confirm the headcount, you create binding evidence that prevents disputes over additional labor charges or equipment damage. This directly mitigates the common contractual pain point where clients dispute invoices after an event because the original contract was silent on final adjustments.
Yes. The waiver meets the federal ESIGN Act and most state Uniform Electronic Transactions Act requirements when the client is given opportunity to read the document before clicking to sign. Our generator captures an electronic participant signature, timestamp, and IP address, satisfying the signatory acknowledgment requirement and making the waiver admissible in most jurisdictions without needing a wet signature or notary.
Review the document annually or whenever you change your menu, add new equipment, or expand into alcohol service. New FSMA rules or local health department inspection standards can render older risk descriptions incomplete. Revisions ensure the assumption of risk and indemnification language continues to cite current regulations and accurately reflect your operating procedures.
State laws affect what must be in this document. Pick your jurisdiction.
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