Last Updated on July 10, 2025 | 12 : 13 am by Fiestasline
Introduction
If you run a service-based business — especially in the events, creative, or rental space — you’ve likely been told: “Get it in writing.” But what exactly should you get in writing? And is a waiver enough — or do you also need a full agreement or contract?
Many small business owners use the terms interchangeably, but in reality, waivers and agreements serve different legal purposes. Choosing the wrong one — or skipping one altogether — can leave you legally exposed if a dispute arises, or if someone gets injured during or after your service.
This article will explain the key differences between a waiver and an agreement, when to use each, and how to combine them for stronger protection. We’ll also include example language and point you to helpful resources at the end.
1. What Is a Waiver?
A waiver is a legal document where someone voluntarily gives up a specific right — most commonly, the right to sue you for certain types of harm or damages.
Common in:
- Fitness classes and personal training
- Balloon or event decor (especially outdoor setups)
- Equipment rentals or prop usage
- Photography sessions in public or risky spaces
- Youth events or family parties
A waiver typically includes:
- A clear description of the risks involved
- A statement that the participant understands and accepts those risks
- A release of liability if injury, damage, or loss occurs
Important: A waiver is generally one-sided — the signer waives their rights and agrees not to hold you liable.
2. What Is an Agreement?
An agreement (also called a service agreement or contract) is a mutual document that outlines the terms of the business relationship.
It protects both parties by clearly defining:
- Scope of services
- Pricing and payment terms
- Cancellation and refund policies
- Rescheduling or delivery terms
- Liability allocation
- Ownership of photos, materials, or designs
Every agreement should include:
- The names and roles of both parties
- What each party agrees to do (and by when)
- Signatures and dates
Agreements are two-sided — they hold both the business and the client accountable.
3. Key Differences: Waiver vs Agreement
| Feature | Waiver | Agreement |
|---|---|---|
| Purpose | Protects the business from liability | Outlines terms of service for both |
| Legal structure | One-sided release | Mutual commitment |
| Includes terms like… | “Assumes all risk,” “holds harmless” | “Client agrees to pay,” “vendor will deliver” |
| Enforceable in court? | Sometimes (depends on clarity & local law) | Yes, when signed and specific |
| Typical use | Physical risk, property risk | Any formal client interaction |
4. When to Use a Waiver
You should consider a waiver if your service involves:
- Potential for injury or damage (e.g., balloon garlands popping, metal stands tipping over, tripping hazards)
- Children or guests interacting with your decor
- Outdoor setups that may be affected by weather or site conditions
- Client pickup of rentals, props, or fragile items
Example Waiver Clause:
“Client understands and acknowledges the inherent risks associated with balloon decor, including but not limited to popping, deflation, or allergic reaction to latex. By signing this waiver, Client agrees to release [Business Name] from any liability for damages or injuries that may result from the use or installation of balloon products or decor.”
Waivers are often shorter, optional forms attached at the end of your full agreement or signed separately.
5. When to Use an Agreement
Use a service agreement in every client relationship, no matter how small the job is. It sets the foundation for:
- Project details and expectations
- Payment schedules and fees
- Cancellation or refund terms
- Delivery and setup timelines
- Who is responsible for what
- Ownership of creative materials (designs, photos)
An agreement should be signed before any service is performed or payment is made.
Example Agreement Clause:
“Client agrees to pay a non-refundable deposit of 50% to secure the event date. Final payment is due no later than 48 hours before the scheduled event. Failure to complete payment may result in cancellation without refund.”
Tip: If you’re doing any kind of installation, delivery, or creative service — don’t rely on verbal agreements. Always put it in writing.
6. Should You Use Both?
Yes — in many cases, the safest option is to use both a service agreement and a waiver.
- The agreement outlines the business terms
- The waiver releases you from liability for unexpected risks
For example, a balloon decorator might:
- Have a client sign a Service Agreement (to cover payment terms, date, services, etc.)
- Attach or send a separate Liability Waiver (to release responsibility if décor gets damaged outdoors or a guest interferes)
Combined Clause Example:
“Client agrees to all terms outlined in this agreement and further releases [Business Name] from liability due to accidents, acts of God, or interference from third parties after décor has been delivered or installed.”
7. Enforceability: Are Waivers Legal?
It depends on your location. Some states or countries limit how enforceable waivers are — especially if:
- The waiver is vague or poorly worded
- It tries to waive rights not legally waivable
- It was signed under pressure or without full understanding
- The harm was caused by gross negligence or illegal activity
To increase the likelihood your waiver or agreement holds up:
- Use clear, plain language
- Have it signed before service begins
- Keep a copy for your records
- Avoid overly broad “blanket” releases
When in doubt, have a local attorney review your documents.
8. Tips for Using Waivers and Agreements Effectively
- Use digital signature tools like Jotform, HoneyBook, Dubsado, or DocuSign
- Send contracts and waivers before collecting payment
- Highlight key terms like “non-refundable,” “assumes risk,” and “not responsible for”
- Use checklists in your onboarding process to ensure documents are signed
- Educate your clients — explain what they’re signing and why
Clients are more likely to respect your process (and policies) when it’s presented clearly and consistently.
9. What If a Client Refuses to Sign?
If a client refuses to sign your waiver or agreement, you should not proceed with the service.
No signature = no protection = unnecessary risk.
You can say:
“For insurance and safety reasons, I’m unable to perform services without a signed agreement. This helps protect both of us and ensures clear expectations.”
Standing by your policies sets a professional tone — and filters out problematic clients.
Conclusion
If you’re running a service-based business, both waivers and agreements play a role in protecting your work, time, and reputation.
- Use a waiver when physical or property risk is involved
- Use a service agreement to outline all business terms
- Combine both for maximum protection, especially in the event space
- Keep everything in writing, signed, and organized
Whether you’re decorating for a birthday, delivering a rental, or hosting a workshop, these legal documents aren’t optional — they’re essential.
Sources & References
- U.S. Small Business Administration – https://www.sba.gov/
- LegalZoom: Difference Between Waiver and Release – https://www.legalzoom.com/articles/
- RocketLawyer: Event Services Agreement Template – https://www.rocketlawyer.com/
- SCORE.org: Business Contract Basics – https://www.score.org/resource/business-contracts-101
- Harvard Law Review – Enforceability of Liability Waivers https://harvardlawreview.org
