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[RC] Kids and Riding - Liability - k s swigartBelinda Romanski said: He has informed us, even though parents sign a waiver for their child, when that child becomes 18, they have the right to sue the organization if any injuries occurred. The reason being parents cannot sign the child's rights away. This is why smart lawyers have parents sign indemnity agreements and not liability waivers. That way, if the child, when it turns 18 decides to sue the organization, the organization can produce a piece of paper that will require the people who signed it (i.e. the parents) to defend it, and to pay any damages awarded to the child. In essence, by signing an indemnity agreement, the parent is insuring the organization against any possible suit that their child may later bring. Indemnity agreements are far more effective than waivers; although, it still doesn't make it so people cannot abrograte the things that they have signed by saying either "I didn't read it before I signed it" or "I didn't understand it." When I get agreements from my riding clients (which includes both an agreement not to sue and an indemnity agreement in the event that a suit arises in connection with their participation), I require these people to write out the whole thing themselves AND to include the statement, "I have had it explained to me and understand what this means." :). kat Orange County, Calif. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Ridecamp is a service of Endurance Net, http://www.endurance.net. Information, Policy, Disclaimer: http://www.endurance.net/Ridecamp Subscribe/Unsubscribe http://www.endurance.net/ridecamp/logon.asp Ride Long and Ride Safe!! =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
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