Should Pro Wrestling Promotions Require Event Waivers for Wrestlers?
Professional wrestling is an exciting and fast-paced industry that has been gaining popularity around the world in recent years. With the rise of independent wrestling promotions and the explosion of social media, more and more people are becoming interested in this unique form of entertainment. However, with the growth of the industry comes an increased risk of injuries to wrestlers and legal liability for promoters.
In order to protect themselves from potential lawsuits and legal liabilities, it is crucial for pro wrestling promoters to have participants sign waivers for their shows. These waivers serve as a legal document that acknowledges the risks involved in wrestling performances and absolves the promoter of any responsibility for injuries or damages incurred during the event.
“I’ve never heard of promoters having workers sign waivers”!
In the past, wrestling promoters often hosted events without requiring participants to sign waivers, for a variety of reasons including lack of education, limited resources, and insufficient consideration for legal liability. However, as the pro wrestling industry continues to grow and attract more attention, it has become increasingly clear that waivers are a crucial component of running a successful and safe wrestling promotion. The potential for serious injuries and legal action means that promoters who do not have participants sign waivers are putting themselves and their businesses at risk. Furthermore, most insurance companies will not provide coverage for liability if promoters are not enforcing waivers at their shows. By taking the time to educate themselves about the importance of waivers, and by implementing effective waiver agreements, wrestling promoters can protect themselves from potential legal liability and ensure that their events are both safe and financially secure.
What are reasons someone might take legal action?
A promoter can be held liable for injuries sustained by participants during a professional wrestling event if they were negligent in their duty of care to ensure participant safety. Liability can arise from failure to provide a safe environment, inadequate training or supervision, negligent selection of participants, or failure to follow industry standards for safety and risk management. Promoters should ensure that they take all necessary precautions to minimize the risk of injury to participants and comply with industry standards to avoid potential legal action in addition to having workers sign waivers.
What should be in a waiver?
A solid waiver and hold harmless agreement for a pro wrestling promotion should include the following details:
Clear Language: The agreement should use clear, simple language that is easy for participants to understand.
Description of Risks: The agreement should include a description of the risks associated with professional wrestling, such as physical injury or emotional distress.
Assumption of Risk: The agreement should clearly state that the participant understands and assumes the risks associated with professional wrestling and releases the promoter from liability for any injuries or damages that may occur.
Release of Liability: The agreement should contain a release of liability clause that absolves the promoter from any legal action arising from the participant's participation in the event.
Indemnification: The agreement should include an indemnification clause that requires the participant to defend and indemnify the promoter from any legal action brought by third parties as a result of the participant's participation in the event.
Insurance Requirements: The agreement should include any insurance requirements for participation in the event and state that the participant is responsible for obtaining their own insurance coverage.
Governing Law and Jurisdiction: The agreement should specify the governing law and jurisdiction for any legal action arising from the event.
Signature and Date: The agreement should include a signature and date line for the participant to sign, indicating their agreement to the terms of the waiver and hold harmless agreement.
A solid waiver and hold harmless agreement should be reviewed by legal counsel to ensure that it is legally enforceable and compliant with any applicable laws or regulations.
Where can I get a waiver for a Pro Wrestling Event?
If you are looking to obtain a waiver for your professional wrestling promotion, there are several options available. One is to hire a lawyer to draft a custom waiver that is tailored to your specific needs and jurisdiction. While this can be an expensive option, it ensures that the waiver is legally sound and provides adequate protection for your promotion. Another option is to use a template waiver, which can be found online or through legal document services. However, it's important to ensure that the template waiver is appropriate for your promotion and complies with local laws. Additionally, it may be helpful to consult with industry experts, such as ProWrestlingInsurance.com. While we cannot provide legal advice, we have seen many approved and disapproved waivers from their insurance underwriters, so we may be able to share some examples with you. Ultimately, obtaining a waiver is essential to protecting your promotion from legal liability in the event of injuries sustained by participants.
*Please note that ProWrestlingInsurance.com is an insurance brokerage and is not providing legal advice. We are here to assist clients with business coaching and insurance solutions for their pro wrestling promotions. Any information provided should not be construed as legal advice and we recommend that you seek the advice of a licensed attorney for any legal questions or concerns.
