Sports Insurance Blog » waiver http://www.sadlersports.com/blog Sports Insurance Risk Management Advice and Commentary on Current Topics of Interest Tue, 31 Jan 2012 19:13:26 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 Why Use Waivers If State Does Not Enforce Parental Waivers? http://www.sadlersports.com/blog/index.php/2010/11/12/why-use-waivers-if-state-does-not-enforce-parental-waivers/ http://www.sadlersports.com/blog/index.php/2010/11/12/why-use-waivers-if-state-does-not-enforce-parental-waivers/#comments Fri, 12 Nov 2010 15:15:03 +0000 admin http://www.sadlersports.com/blog/?p=1086 I just came across an interesting article that outlines why minor waiver / release agreements should be used even if a particular state’s court system has ruled against their enforceability as well as innovative provisions that should be inserted into the language.

A minor is not considered to be a legally competent party to enter into a binding contract such as a waiver / release agreement. Therefore, their enforceability is dependent upon their parent(s) waiving their right on their behalf.

Reasons why minor waiver / release agreements should be used even if a court in a particular state has ruled that the parental waiver is not enforceable:

* The case law of the state may change.

* The waiver / release may have a psychological impact to deter litigation.

* The organization requiring the waiver / release will be no worse off even if it is not enforceable.

* The risk warning provision in the waiver / release may provide evidence for an assumption or risk defense.

Special wording that may make the waiver / release stronger:

* A provision that the governing substantive law will be based on a state where parental waivers are upheld.

* A parental indemnification agreement where the parents agree to indemnify the sports organization for legal defense and damages that are paid on behalf of the injured minor.

Source: Risk & Insurance, Victor Vepauskas, November 2010

]]> http://www.sadlersports.com/blog/index.php/2010/11/12/why-use-waivers-if-state-does-not-enforce-parental-waivers/feed/ 2 Business Liability Waivers Affecting Children Not Allowed In FL http://www.sadlersports.com/blog/index.php/2009/02/24/business-liability-waivers-affecting-children-not-allowed-in-fl/ http://www.sadlersports.com/blog/index.php/2009/02/24/business-liability-waivers-affecting-children-not-allowed-in-fl/#comments Tue, 24 Feb 2009 13:34:46 +0000 admin http://www.sadlersports.com/blog/?p=357
 “The Florida Supreme Court has ruled that a parent can’t execute an injury liability waiver for a minor child when the liability release involves participation in a commercial, as opposed to community or nonprofit, activity.”
 
According to the court, if pre-injury waivers were allowed for commercial establishments, the incentive to take reasonable precautions to defend the safety of minor children would be eliminated.
 
Florida is one of about ten States that currently recognizes a parental waiver/release for purposes of contractual exculpation and lawsuit dismissal upon summary judgment.
 
This case is narrower in scope and does not impact the successful use of waiver/release agreements for minors in non commercial settings such as private leagues or municipal recreation departments.
 
 
Source: Insurance Journal-Southeast Region, January 12, 2009
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