Tag Archives: school trip

What Makes a Waiver Adhesionary – and consequently unenforceable?

 

By Mary Cotten

A waiver of liability in the sport, recreation, or fitness industry can usually be accurately described as a standardized agreement printed on the company’s form, offering little or no opportunity for negotiation or free and voluntary bargaining by the signer. Unfortunately, this is also the definition of a contract of adhesion. Worse news yet, adhesionary contracts in most states are against public policy and unenforceable. But, for the good news, courts are consistent in holding that sport,

Connecticut, California, and North Dakota Courts Address Parental Waivers

By Doyice Cotten

Recent 2013 cases in Connecticut, California, and North Dakota have addressed the question as to whether parents have the authority to sign away the rights of a minor to recover for injury resulting from the negligence of the provider.

California Case

Lotz v. The Claremont Club (2013 Cal. App. Unpub. LEXIS 5748) involved a 10 year-old who was injured in a dodgeball game. It is well established that California law allows the enforcement of parental waivers provided the waiver is unambiguous and meets court requirements.