Donation Liability Waiver for the United States

Donation Liability Waiver Template for United States

A Donation Liability Waiver is a legal document used in the United States to protect donors from potential liability arising from their charitable donations. The document outlines the terms of the donation, acknowledges that the recipient accepts the donated items 'as-is,' and releases the donor from liability related to the use of the donated items. It complies with federal regulations including the Bill Emerson Good Samaritan Food Donation Act and state-specific charitable giving laws.

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What is a Donation Liability Waiver?

The Donation Liability Waiver serves as a crucial legal protection mechanism for individuals and organizations making charitable donations in the United States. This document becomes necessary when donors wish to contribute goods, services, or materials while protecting themselves from potential future liability claims. The waiver typically includes details about the donated items, their condition, and explicit language releasing the donor from liability while ensuring compliance with both federal and state-specific donation laws.

What sections should be included in a Donation Liability Waiver?

1. Parties: Identifies the donor and recipient/organization accepting the donation

2. Background: Explains the context of the donation and purpose of the waiver

3. Definitions: Defines key terms used throughout the waiver

4. Donation Description: Details of the items or services being donated

5. Waiver of Liability: Core waiver language releasing donor from liability

6. Acknowledgment: Recipient's acknowledgment of accepting items as-is

7. Governing Law: Specifies applicable jurisdiction and law

What sections are optional to include in a Donation Liability Waiver?

1. Tax Implications: Section addressing tax consequences of donation, included when donation has significant tax implications

2. Warranties: Additional warranty disclaimers section, included for complex or high-value donations

3. Indemnification: Additional protection provisions for donor, included for high-risk donations

4. Delivery Terms: Section specifying delivery arrangements, included when physical delivery is involved

What schedules should be included in a Donation Liability Waiver?

1. Schedule A - Inventory List: Detailed list of donated items

2. Schedule B - Condition Report: Documentation of items' condition at time of donation

3. Schedule C - Valuation Certificate: Estimated value of donated items for tax purposes

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Industries

Bill Emerson Good Samaritan Food Donation Act: Federal law that protects food donors from civil and criminal liability when donating to nonprofit organizations

Internal Revenue Code: Federal tax regulations governing the tax implications and deductibility of donations

Federal Gift Tax Regulations: Federal rules governing tax obligations related to gifts and donations above certain value thresholds

Consumer Product Safety Laws: Federal regulations ensuring donated items meet safety standards and requirements

State Good Samaritan Laws: State-specific laws providing liability protection for charitable donations and acts

State Charitable Giving Regulations: State-level rules governing charitable donations and associated requirements

State Liability Protection Laws: State-specific statutes limiting liability for charitable donations and activities

State Property Transfer Laws: State regulations governing the transfer of property ownership through donation

Contract Law Fundamentals: Basic principles of contract formation, including offer, acceptance, and consideration

Tort Law Principles: Legal principles governing negligence, liability, and duty of care in donation contexts

Warranty Disclaimers: Legal provisions that limit or eliminate implied or express warranties on donated items

UCC Warranty Provisions: Uniform Commercial Code regulations regarding express and implied warranties

Gross Negligence Exceptions: Legal provisions that maintain liability in cases of extreme negligence despite waivers

Willful Misconduct Provisions: Legal clauses addressing intentional wrongdoing or reckless conduct in donation contexts

Standard of Care Definitions: Legal standards defining the level of care required when making donations

Known Defect Disclosure Requirements: Legal obligations to disclose known problems or defects in donated items

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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