Tag Archives: apparent authority

Apparent Authority: Know Who is Signing the Waiver

By Doyice Cotten

Tony Coleman sued Otese, Ltd. (d/b/a Texas Raceway) for injuries he sustained at a drag strip owned by  Otese (Coleman v. Otese, Ltd, 2020). He claimed there was excessive oil on the racetrack.  The trial court granted summary judgment to the defense, in part based on the waiver signed by Coleman.

Coleman appealed making several arguments – one of which was that he had not signed the waiver.

Can One Spouse Sign the Waiver for the Other Spouse?

By Doyice Cotten

Often both a husband and a wife attend a sport, recreation, or fitness facility to participate. The business has a requirement that everyone signs a waiver before participating. Is there a problem if one of the couple signs his or her own waiver and then signs the waiver of the spouse?

In the 2017 case, Burns v. Parks (2017 Pa. Super. Unpub. LEXIS 4043), Joseph and Dawn Burns entered Sky Zone Indoor Trampoline Park to participate.

Wife Signs Waiver for Husband – Is it Enforceable?

By Doyice Cotten

Families often visit recreational facilities and are required to sign waivers of liability in order to participate. Sometimes the father signs on behalf of the wife; sometimes the wife signs on behalf of the husband. The question is “Are these waivers enforceable against the non-signer. Most businesses require the signature of both – which is the obviously best policy. But, if for some reason one signs the other spouse’s name on the waiver, is that waiver enforceable?