Your student, who dreams of becoming a professional dancer, suffers a torn ACL after colliding with another in your class. You didn’t mean for this to happen, of course, but it did — under your instruction. Are you now at risk of being sued or do you have signed dance liability waivers to fall back on?
Every year in the U.S., an average of 23,291 children receive emergency treatment for a dance-related injury. In this sue-happy age, one of the most essential ways to protect your dance teaching career is to require students to sign a dance waiver of liability.
What Is a Dance Waiver?
A dance waiver is a legal document used by dance instructors and studio owners to protect themselves from liability in case of accidents or injuries during dance activities.
Essentially, when a student signs a waiver they acknowledge the risk involved and agree not to hold you liable when things go wrong. They want to proceed with your class knowing that there’s a chance they may get hurt.
This waiver typically includes a description of the activities, potential risks, and a statement that students assume responsibility for any injuries or damages. Once they sign, they waive the right to sue you in the context of the conditions outlined.
You became a dance teacher to share your love of dance. A dance waiver is a tool to get the legal stuff squared away so you can focus on instruction.
Get Your FREE Dance Liability Waiver Template
To help you get started, we created a free dance class waiver template you can customize to fit your business needs. This template covers the essential elements, including release of claims, acknowledgement of good health, and consent to necessary medical treatment, to ensure your protection.
Get Your Free Dance Liability Waiver Template
It’s important to note that using a liability waiver does not bulletproof you from lawsuits. You should consult with a legal professional to make sure your waiver covers your unique business and is as specific as possible.
What Does a Dance Class Waiver Cover?
A dance waiver typically covers the following:
- Assumption of risk: Your student agrees to accept the risks (such as injury or property damage) involved with taking your classes.
- Release of liability: Your student agrees not to hold you liable for any claims brought on by the outlined risks — they will not sue you if there’s an accident.
- Confirmation of good health: Your student confirms they’re healthy enough to participate in your classes.
- Medical authorization: Your student permits you to seek medical attention if needed on their behalf.
- Consent to participation: Your student (or their guardian) consents to the conditions and agrees to participate in the activity.
What Does a Dance Waiver Not Cover?
A dance waiver form reduces potential litigation, but it does have limitations. The most important of these to be aware of is gross negligence. Your waiver will not cover you or your studio if you are found to show reckless disregard for safety or have intentionally harmed a student.
Some other things a waiver might not cover include:
- Unenforceable clauses
- Non-dance-related incidents
- Injuries or damages to non-participants
Another limitation of your waiver involves the language used to write it — it will not cover you if the accident that happens is not “written” into it.
You won’t be able to detail every potential scenario in your waiver; that’s why it’s crucial to have a lawyer review beforehand!
Who Needs a Dance Liability Waiver?
TL;DR: If you teach dance, use one!
Anyone offering dance classes, sessions, or events should use a dance liability waiver. It’s an effective way to protect yourself from expensive lawsuits and damage to your reputation.
Some people/parties who need this waiver are:
- Dance instructors
- Event organizers
- Dance schools or studios
- Independent or freelance teachers
Do I Need Insurance Too?
Yes, you do need dance liability insurance to compound on the protection of your liability waiver.
Your dance liability waiver will not cover you for everything. In fact, if something goes wrong, you should be prepared for your student’s lawyer to scour your waiver for loopholes.
Liability insurance can cover you if students get hurt or have their things damaged. It can also cover property damage if you’re renting a studio, as well as non-physical claims like libel or advertising mistakes.
Imagine a student gets upset that they’re not progressing fast enough, blaming your instruction and suing you. Liability insurance can cover this too!
For as low as $15 a month, you can have peace of mind that you won’t have to pay out of pocket when things don’t go as choreographed. Your insurance coverage and your liability waiver work together — like your backstage crew, handling the unexpected so the show can go on smoothly.
FAQs About Dance Waiver of Liability
Though you can write it to cover many common claims, a dance liability waiver will not protect you against all claims. That’s why it’s important to also carry liability insurance, which acts as a safety net for anything your waiver does not cover.
Your waiver can include provisions to cover COVID-19 and other health concerns, but it’s essential to draft these carefully per local laws and regulations. Remember to get legal advice on your waiver to ensure compliance.
Yes, some states have specific legal requirements for waivers; for example, some have different standards for what is considered “unambiguous” and therefore, enforceable. Check with a legal professional familiar with your state’s laws to make sure your waiver is written properly!
JoAnne Hammer | Program Manager
JoAnne Hammer is the Program Manager for Insurance Canopy. She has held the prestigious Certified Insurance Counselor (CIC) designation since July 2004.
JoAnne understands that starting and operating a business takes a tremendous amount of time, dedication, and financial resources. She believes that insurance is the single best way to protect your investment, business, and personal assets.
JoAnne Hammer is the Program Manager for Insurance Canopy. She has held the prestigious Certified Insurance Counselor (CIC) designation since July 2004.
JoAnne understands that starting and operating a business takes a tremendous amount of time, dedication, and financial resources. She believes that insurance is the single best way to protect your investment, business, and personal assets.
