E-waivers, or Electronic Waivers are all about protecting your business from frivolous lawsuits, but can actually do so much more.
First, all electronic signatures in the US and EU are fully legally binding, the same as paper signatures, according to the E-SIGN act of 2000 and various other laws. On top of that, SwiftCloud’s smart waivers can include things paper never could, such as a webcam / tablet photo of a participant, which can help legal enforcement even further.
WARNING: Sadly, some fraudsters purposely seek to slip through loopholes then seek an easy $5k insurance settlement, claiming later they were hurt or suffered property or equipment damage, and claim they didn’t sign. 99.999% of people just want to have a good time, but don’t overlook the importance of protecting your business.
SwiftCloud’s e-waivers can do things paper never could, such as…
- If-then logic, so your doc is easy and streamlined, and yet if you need more information due to a participant’s medical history, allergies, special needs, or a child being under 18 and thus requiring a parent’s signature, or a guest chooses or declines certain activities or safety equipment. This reduces errors from things being filled out incorrectly, since the logic is coded right into the doc – saving your staff time, which adds up to money.
- Special functions like embedding photos of a participant, a photo of a driver’s license, upload of documents, and dozens of small details like date choosers.
- It will reduce errors and typos and having to read illegible handwriting. Emails, URLs, phone numbers can be automatically validated. Zip codes can automatically convert to city, state, zip.
- It can reduce legal risk by providing paperwork in advance over the web, reducing the potential for the participant to claim they didn’t read it or signed it under duress.
- It can reduce legal risk by denying edits – for example, some adventure tour and water sports operators have discovered paper waivers on which participants took it on themselves to cross out sections they don’t like or attempt modification of the document, which could have serious legal ramifications in event of court dispute.
- It can reduce legal risk by including a photo of the signer, or photo of a parent if you serve children, which can virtually eliminate the “I didn’t sign that” claim.
- Paperwork can be handled over the web prior to arrival, which can help with on-site offline services like whitewater rafting or skydiving in which there’s often no cell service. Note SwiftCloud can capture signatures offline on a tablet, then the system will reconcile to the server when connected to the internet. This can also help with marketing events such as street fairs or trade shows for lead capture, in which you might have a tablet on-premise but you cannot guarantee internet access.
- It can be tied to external systems to trigger marketing, follow-up surveys, refer-a-friend forms, or hardware systems such as bracelet printers, bar code card printers, or ticket printers.
Getting set up is easy. Most clients already have the forms they want e-signed, and your SwiftCloud account will allow for many forms beyond just your waivers. Other forms you may want to set up include injury e-waiver forms if a guest is hurt on the premises and declines an ambulance for example, or business forms for job application, sublease, joint venture agreements with affiliated professionals and much more.
Temporary Offer: Free done-for-you e-waivers setup for all clients up to 5 pages. For additional pages or more complex forms, ask our sales team – we have done-for-you services available.
Note we have various options for user experience and notification, so most users clone a copy for in-person on-premise “Kiosk / Tablet Mode” vs. a website version.
The tablet / kiosk mode setting will after signature display a success message, then reset itself for the next guest. The website version typically will redirect the user after signature to another confirmation page, payment flow, or scheduling of an appointment or into booking software. You’ll also have options for who gets a copy, and most commonly a PDF is emailed to you, the signer, and stored online in SwiftCloud in your account. Signers are added to your address book and can be searched anytime.
The best option is to get started now. You can be setup in minutes, and if you take advantage of our complimentary setup offer, simply send us the form(s) you need set up once your account is created and we’ll handle the rest. We’ll create the doc(s) into your account, and you’ll just need to add them to your website, and bookmark them and set them as your homepage on the tablet in your lobby.
Disclaimer: SwiftCloud is awesome for legally binding e-waivers. We are not, however, lawyers, and any forms you choose or set up be reviewed by legal professionals licensed for your state or jurisdiction. We have a free templates library that includes forms reviewed by an attorney, but this is not a replacement for qualified counsel and it may require modification to work for your state, jurisdiction, and/or activity.
Further Legal Reading: