Digital Waivers: What Your Nonprofit Needs to Know

Overseeing your fundraisers, planning events, connecting with supporters, and managing daily operational tasks might already feel like several full-time jobs for you and your nonprofit staff. Why add yet another item to your to-do list by implementing digital waivers?

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While there are a couple of short steps you’ll need to take care of when you choose to use digital waivers, these forms can actually save you time and money in the long run. Like AI tools and other automated technologies, waivers can reduce the number of administrative tasks on your plate—among many other benefits.

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We’ll explore digital waiver basics, how to create your own, and the most compelling reasons to start using them. Let’s get started!

What are digital waivers?

Liability waivers are legal documents in which the person signing agrees to release another party from legal responsibility in the event of injuries, damage, or losses. Digital waivers serve the same purpose—they just exist as digital documents rather than paper ones.

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Traditional paper waivers aim to collect “wet” signatures, or handwritten signatures produced with ink and paper. Digital waivers collect electronic signatures, which, thanks to the 2000 ESIGN Act, are just as legally binding. 

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Because waivers are legal documents that may contain sensitive information about the signee, it’s best to use a trusted waiver software provider to create, share, and store the forms. This way, your nonprofit can rest assured that each form is certified as authentic and is stored securely.

Why do nonprofits need digital waivers?

When you think of a waiver, you might associate it with risky or adventurous activities like whitewater rafting. While the adventure industry certainly uses waivers, there are several scenarios where your nonprofit could benefit from them as well. 

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Here are a few common reasons nonprofits use waivers:

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• As part of volunteer onboarding: Volunteer opportunities often involve physical tasks that come with some level of risk. As 360MatchPro notes, volunteers make up about one-third of the nonprofit workforce. Using waivers to inform them of possible risks can increase their trust in your organization and result in a safer environment, helping you retain more volunteers and maintain a positive reputation.
• Prior to fundraising events: Let’s say you hold a charity golf tournament for major donors. While golfing is considered to be a fairly safe sport, there is still a risk of injuries or other damages. Waivers also provide an extra layer of legal protection even if your nonprofit uses event insurance.
• As part of your programming: Some programs may present risks to participants. For example, maybe your nonprofit provides afterschool services to kids, and you frequently schedule physical activities. Or, your nonprofit might provide free health screenings to your community and need to inform beneficiaries of potential risks.
• To obtain a photo release: A photo release form asks the participants to allow your nonprofit to use any photos or videos of them for commercial purposes, such as including them in marketing materials. Organizations often include a photo release clause in their event and volunteer waivers.

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It can be complicated to determine whether your nonprofit needs to use a waiver—after all, each organization’s programming is different. Additionally, waiver laws can vary by region, and it’s not always easy to interpret those regulations. To cover your legal bases, always work with a lawyer when waivers are concerned.

How do you create a digital waiver?

If you’ve determined that your nonprofit does need to implement a digital waiver, it’s time to create your digital form. This process is simple, involving only four steps:

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1. Work with a lawyer to draft the waiver. Reach out to a professional to help you draft a legally-sound waiver. It may be tempting to use a free template you find online, but Smartwaiver’s guide to making digital waivers cautions against this. The guide explains that while legal services are an upfront cost, the investment pays off in the long term.
2. Determine what type of waiver you’ll need. You’ll likely use a liability waiver in most cases, but some scenarios may call for a different type, such as a race waiver.
3. Choose a digital waiver software provider. You can’t execute your digital waivers without reliable software. Look for a tool that allows you to use templates or build custom documents, embed training videos, and flag important questions. Additionally, the provider should ensure waivers are securely stored in a cloud-based database.
4. Load the document into your waiver software. Finally, load the waiver language into your digital waiver software and add custom fields, signature boxes, and videos as needed. 

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To ensure the waiver signing experience is positive and streamlined, share it with your supporters before the event or volunteer opportunity they’ll attend. Embed the waiver on your website, share links via text or email, or add QR codes linking to the waiver to signage at your facility. This way, supporters can sign the form before the event, reducing check-in chaos.

What are the benefits of digital waivers?

Waivers can help protect your nonprofit from costly legal issues, ultimately saving money and offering peace of mind. However, there are other, less obvious, benefits like:

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• Personalized communications: Regularly connecting with supporters in a personalized, authentic way is an essential component of effective donor stewardship. Digital waivers provide useful insight your organization can use to tailor your communications. For example, you might review the waivers a supporter signed in the past to understand what event types they prefer and then offer personalized recommendations for future involvement.
• Enhanced event experiences: As mentioned, sharing waivers in advance will significantly improve the check-in experience at your fundraising events. But depending on the information you include in the waiver, you can also better prepare supporters for the event. For example, by detailing the activities that will take place at the event, attendees can dress accordingly.
• Better accessibility: Digital waivers can easily be translated into other languages or read aloud by screen readers, allowing more of your supporters to access them. Because supporters can sign the waivers before events or volunteer opportunities, they can take as much time as they need to review them.

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Opting for digital waivers can also help your organization be more sustainable. Not only will you reduce waste and enhance your reputation as a sustainable nonprofit, but you’ll also save money on paper and printing costs. 

Digital waivers primarily exist to protect organizations from expensive legal battles, but with a little creativity, your nonprofit can stretch the benefits further. Use waivers to foster trust in your organization, learn more about your audience, and provide the best supporter experiences possible.

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