Releases and Assumption of Risk Forms in Concussion Management

A United Educators (UE) informal poll of higher education members suggests many institutions overlook a critical tool for managing the risks of intercollegiate athletic concussions or traumatic brain injury (TBI): A signed agreement acknowledging the danger of brain injuries and, where appropriate, releasing the athlete’s right to sue.

Using a well-written assumption of risk form or a release can highlight potential dangers of athletic participation, particularly in contact sports, and help deter lawsuits.

Use Releases or Assumption of Risk Forms?

Consult with your legal counsel about whether an assumption of risk form or a release from liability is preferable. Your counsel can advise on potential differences in the laws where your institution operates and athletics competitions occur. Enforceability of releases in sports and recreational activities varies among jurisdictions.

• A release from liability or waiver asks athletes to waive their right to sue. This language should be conspicuous; use capital letters, underlining, and bold font to ensure this important language isn’t missed. Good releases are written in plain language, not legalese. See Checklist: Drafting Effective Releases for sample language.
• An assumption of risk form is similar to a release but doesn’t ask students to give up their right to sue. Rather, it asks the student-athlete to acknowledge the specific risks inherent in each athletic activity and voluntarily assume these risks.

Require student-athletes to sign a new form every year. Retain signed forms consistent with your document and medical record retention policies.

What to Include in Releases or Assumption of Risk Forms

Any release or assumption of risk form used for intercollegiate athletes should acknowledge:

• A concussion is a potentially serious head injury that can result in brain injury or death.
• Participation in intercollegiate athletics may result in head injuries or concussions.
• The person has received information about signs and symptoms of a concussion (be sure to provide this information to your student-athletes).
• Helmets, face shields, mouth guards, and other protective equipment don’t eliminate the risk of concussions.
• Purposeful or flagrant head contact in any sport is prohibited.
• Students must immediately notify medical staff if a teammate experiences signs and symptoms of a concussion or suffers a suspected concussion.
• Student-athletes are required to immediately self-report to medical staff if they experience signs and symptoms of a concussion or suffer a suspected concussion.
• Athletes won’t return to practices or games if they’re experiencing concussion-like symptoms unless and until they’re granted medical clearance.
• The student-athlete understands participation is voluntary, and they assume the possible risks of participation.
• A repeat concussion is likelier to occur when an athlete returns to play before symptoms resolve.
• Your institution has the authority to retire an athlete from sports if it determines the risks of concussive injury present a serious threat to the student-athlete’s safety and well-being.

More From UE

Checklist: Creating an Athletics Concussion Management Plan

Concussions in Club and Intramural Sports

Additional Resources

Hamilton College: Athletics Release and Concussion Statement

University of Kentucky: Declaration of Student-Athlete Responsibility