[RC] Waivers for Minors - Ridecamp Guest
K S SWIGART katswig@xxxxxxxxxxxxx
Amanda Perez said:
> It's interesting to note that the legal issue with the skiing
> case was not liability, but the parent's right to sign a
> waiver on behalf of a minor.
If this was indeed what the legal issue was in the skiing case,
then there is nothing particularly new here (and the organizers of this skiing event were foolish). Parents have never had the
legal right to sign a liability waiver on behalf of their minor
child (and anything signed by a minor child on his/her own
behalf is of little legal validity).
What smart event managers do (and I have seen this on many an
endurance ride entry form) is to have parents sign an indemnity
agreement stating, in essence, if their minor child sues the
event management (or their representatives) that the parent who
did the signing will defend event management in court and will
pay any damages if the court were to award any.
If it is appropriately crafted, what this amounts to is making it
so the parents, were they to attempt to sue on behalf of their
minor child, would, in essence, be suing themselves.
This may not hold water if the parents didn't understand that
this is what they were agreeing to at the time that they signed
the indemnity agreement.
Additionally, most smart event managers are also requiring
indemnity agreements from their adult participants and smart
participants would do well to carefully read these agreements
before signing them as they represent not merely an agreement
not to sue and to release ride management from liability in the
event that they are injured, but also to assume liability to
defend ride management were ride management to be sued by a
third party as a result of their having participated.
kat
Orange County, Calif.
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