Tag Archives: state law

Parental Waivers – Waivers Signed by Parents on Behalf of a Minor! Are they Enforceable in Your State?

By Doyice Cotten

At one point, maybe 25 years or so ago, it was not unusual to hear or read ——-, “Waivers are not worth the paper they are printed on!” That time has come and gone; now virtually every professional in sport, recreation, and fitness recognizes that in most states, waivers can provide valuable protection against significant financial loss as a result of injury lawsuits.

In fact, courts in about 45 states enforce well-drafted liability waivers that are voluntarily signed by adult participants in sport,

Admiralty Law: How does it Relate to Recreation Waivers?

 By Doyice Cotten

Black’s Law Dictionary defines Admiralty law (also called Maritime Law) as “that system of law that particularly relates to marine commerce and navigation, to business transacted at sea or relating to navigation, to ships and shipping, to seamen, to the transportation of persons and property by sea, and to marine affairs generally.”

One might ask “What does admiralty law have to do with sport, recreation, and fitness liability waivers?” It is important to understand that admiralty law applies to activities on any navigable waterway (e.g.,

Are Waivers for Minors Enforceable? An Update!

 

By Doyice J. Cotten

This update is taken from Waivers & Releases of Liability, 8th ed. by Doyice and Mary Cotten. It summarizes the most recent state case law regarding the enforceability of waivers for minors. For those requiring more information, the book has 14 fact-filled pages giving more detail than is possible here.

States that have or do enforce waivers for minor participants

First, waivers signed only by a minor are not enforceable in any state.

Will Waivers Protect Against Liability for Gross Negligence and Other Extreme Actions?

This article was taken from Waivers & Releases of Liability 7th ed. and updated for SportWaiver.com. Click SportWaiver for a limited time special price on the book.

By Doyice Cotten

Waivers are now enforceable and can protect the service provider from liability for ordinary negligence in almost every state. However, courts in most states generally hold that waivers intended to protect against gross negligence, reckless conduct, willful or wanton conduct, and intentional acts are against public policy. 

Avoiding Ambiguity in a Waiver

By Doyice Cotten

This article was taken from Waivers & Releases of Liability 7th ed. and updated for SportWaiver.com. Click SportWaiver for a limited time special price on the book.

Courts in most states have ruled that to be enforceable, a waiver must clearly and unambiguously express the intent of the client to relieve the provider from liability for its negligence. Ambiguity is defined as doubtfulness, or doubleness of meaning and is said to exist when reasonable persons can find different meanings in the language.