Waiver and Authorization Forms for the Intercollegiate Athlete
Athletic program injuries are frequent, and they can range from minor to catastrophic. It’s important to inform athletes of the potential risks, evaluate any possible health risks, and document the athlete’s acknowledgement and understanding of these risks through waiver and medical authorization forms.
Waivers
Waivers require student athletes to acknowledge the risks of their sport and agree to participate. The title of such documents may vary depending on applicable laws and the advice of legal counsel. Some titles include waiver, release, assumption of risk, and informed consent. Consult legal counsel when drafting waiver language. They also can advise on additional requirements for minor students.
Athletic waivers should include:
- The sport’s specific risks with relevant examples
- A focus on the potential for serious and life-threatening injuries, and possible impairment of the student’s future capacities
- A description of the scope of activities, such as tryouts, practices, games, and tournaments
- Participation requirements, such as health insurance obligations
These forms typically require that students agree to:
- Participate in a safe manner and follow the rules of the game.
- Follow the instructions of the athletic staff on proper technique, training, and equipment use.
- Report any medical problems or symptoms promptly.
- Provide proof of health insurance coverage and update any change in health insurance information.
- Seek specialized medical treatment when necessary.
Athletic waivers also can require students to acknowledge the risks of participating despite a pre-existing health condition. Your policies should address the procedure for obtaining pre-participation medical evaluations of students, including those with potentially serious or life-threatening conditions. When students report health conditions, work with legal counsel to identify any necessary accommodations and next steps. Failure to offer accommodations to students with disabilities may be viewed as discrimination under federal and state disability laws.
Medical Authorizations
Medical authorization forms address treatment issues and the release of student health information. They typically require students to authorize:
- Treatment by the institution’s medical and sports medicine staff
- Evaluation by an outside physician or hospitalization following an injury, as deemed appropriate by institution staff
- Release of health information to or from non-university health care providers
- Filing of an insurance claim on the student’s behalf
More From UE
Contracts and Waivers Resource Collection
Athletics Resource Collection
Additional Resources
Gadsden State Community College: Activity Release Waiver
University of Findlay: Assumption of Risk and Medical Authorization
Miami University: Assumption of Risk and Release of Liability Form
About the Author
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Melanie Bennett, Esq., ARM-E
Senior Risk Management Counsel
In her role on UE’s Risk Research team, Melanie dives into timely topics affecting education. Her areas of expertise include protecting minors, enterprise risk management (ERM), technology accessibility, and athletics. Prior to joining UE, she interned at the U.S. Department of Education’s Office for Civil Rights. Melanie serves on the Higher Education Protection Network’s (HEPNet’s) Board of Directors.