A few bumps and bruises can quickly turn into an expensive legal dispute if you’re not properly protected.
As an event organizer, you juggle a dozen different risks every day. From ticket sales to weather, you’re a professional planner. But the most significant risk—guest safety and legal liability—is often the trickiest to manage.
In our recent post, The Ultimate Guide to Event Waivers, we covered the "what" and "how" of event waivers: what they are, why they matter, and what to include in them.
Now, we're tackling the next big question: "Does my event actually need one?"
It's tempting to think a simple "I agree to the terms and conditions" checkbox at checkout is enough. And sometimes, it is! But for many events, you need a dedicated, individually-signed liability waiver.
How do you know which category your event falls into? Let's dig in.
We need to say this loud and clear: We are not lawyers, and this post is not legal advice. Think of us as your event partners. We're simply sharing our knowledge gained from working with thousands of event organizers and seeing some of the challenges that pop up most frequently. When in doubt, always consult with a legal professional to review your specific situation and draft your waiver language.
For many low-risk events, a standard "Terms & Conditions" (T&C) checkbox that a guest must agree to before paying is standard practice.
This "click-wrap" agreement is perfect for covering the logistical rules of your event.
Your event might only need standard terms & conditions if it's:
A virtual conference or webinar
A seated concert or theater performance
A business networking event or conference
A gallery opening or art show
A low-key fundraiser dinner
What these terms typically cover:
Refund Policy: The "all sales are final" or "no refunds within 7 days" language.
Code of Conduct: Rules against harassment, disruptive behavior, etc.
Photo/Video Release: Granting you permission to use footage from the event in your marketing.
Event Cancellation: What happens if the event is postponed or canceled.
These terms are about the transaction and experience. They are not generally designed to protect you from liability for physical injury.
Another consideration in the waivers vs. event terms debate is this: groups of guests often designate one person to complete the purchase for everyone. They may send each person their own ticket, or hold them for the group if they’re arriving together. The purchaser must view and agree to your event terms at checkout, but each individual guest may not see those terms.
There are two ways you can try to protect your business in this situation. First, you can include your event terms on your ticket. If each guest receives a copy of their ticket, they’ll have your terms printed (or digitally viewable) at the bottom of their ticket. But there are plenty of scenarios where each individual attendee doesn’t get a copy of their ticket (if a party is arriving together, for example). If you really want to protect against that uncertainty, you may choose to require each guest to sign a liability waiver. Even if multiple tickets are purchased in one transaction, with Passage the original purchaser can email these to each attendee.
This is the big one. The second you introduce a clear element of physical risk, you should move from a simple T&C to a dedicated, signable liability waiver.
A dedicated waiver is an "affirmative act." It forces the guest to stop, read a document (or at least scroll through it), and physically or digitally sign their name. This action proves they were presented with and explicitly acknowledged the specific risks of your event.
A good rule of thumb: If your event involves any of the following, you probably need a waiver.
This is the most obvious category. If your guests are running, jumping, climbing, or even stretching, a waiver is a must.
Examples: 5Ks, marathons, fun runs, mud runs, yoga classes, dance workshops, or fitness bootcamps.
Ask yourself: "Could a guest get hurt if they aren't paying attention?" If the answer is yes, get a waiver.
Examples: Axe throwing, bounce houses (for kids or adults), haunted houses (people can fall), rage rooms, rock climbing, or events with large-scale interactive art installations.
When alcohol is involved, liability increases. Guests are more likely to injure themselves or others. A waiver can be a critical tool in limiting your liability related to alcohol consumption.
Does that mean you absolutely must use a liability waiver if your venue sells alcohol? No, not necessarily. But if you’re hosting an all-inclusive booze cruise or similar event, it’s definitely an option that’s worth considering.
Examples: Beer festivals, wine tasting events, and "open bar" parties.
This is a non-negotiable. If your event involves minors (under 18), you absolutely need a waiver signed by their parent or legal guardian. This is crucial for activities where kids could get injured.
Examples: Kids' sports camps, fun zones at festivals, school field trips, or any event where a child is in your care.
Are your guests using equipment you provide? Are you transporting them? Get a waiver.
Examples: Kayak or paddleboard rentals, bus tours, boat parties, or events where guests operate any kind of vehicle.
In a legal dispute, it's relatively easy for a guest to claim, "I never saw that" or "I didn't know what I was agreeing to" with a simple checkbox buried at checkout.
A dedicated waiver is much harder to dispute. It demonstrates that the guest was forced to confront the specific risks (e.g., "I acknowledge that running this 5K could result in injury..."), and they affirmatively agreed to assume that risk. It's a much stronger piece of evidence that you did your due diligence.
We built our new event waivers feature precisely because we saw how many organizers needed this extra layer of protection. You don't need to chase down paper forms or use clunky third-party software.
With Passage, you can:
Attach Waivers Directly to Tickets: Add your custom waiver text right into your event setup.
Require Signatures at Checkout: Guests must physically type their name (a binding digital signature) to agree to your waiver before they can complete their purchase.
Store Signed Waivers Automatically: Every signed waiver is digitally stored and tied to the guest's order, so you have a secure, organized record of every single attendee's agreement.
It’s the simplest way to add professional-grade liability protection to your event. Of course, you’re welcome to use a third-party waiver system alongside your Passage ticketing. And remember that our Event Terms feature is completely free and requires guests to scroll and agree during checkout.
Please Note: When using Passage event waivers, there will be an added Service Fee of $0.50 per ticket purchased when a waiver is required. If fees are being passed onto the consumer, they will also pay this fee.
The decision between standard terms and a dedicated waiver boils down to one word: risk.
While a waiver can't prevent every accident, it's one of the most powerful tools you have to protect your business. Taking a few extra minutes to set up a digital waiver with Passage can save you immeasurable time, money, and stress down the road.
Login to your account to start creating your first waiver or sign up to get started today!