Idaho Law Blog
Aaah. Fall. Autumn. Changing colors. Crisp air. Back to school. Fall sports – football, soccer, volleyball, cross-country. Is there anything not to love about the fall season? However, with back to school and fall sports often comes the obligatory Assumption of Risk/Release of Liability form that your child brings home to participate in the above school sports (or many other school activities). You may have also have signed them in connection to participate in other activities such as amusement parks, trampoline activities, or even every-day activities like roller and ice skating.
A release of liability form is an agreement between the parties, where the participant waives or releases any future negligence claim he may have against the school, organizer, sponsor, or vendor of the activity or sport. The organizer/sponsor of the activity often names specific risks inherent in the activity, and the participant acknowledges an assumption of those risks, and agrees not to sue the organizer even if the organizer commits negligence. The release also often contains agreements to arbitrate any disputes or to litigate only in the state where the activity took place.
Whether you decide to sign a waiver is entirely up to you. However, if you choose not to sign a waiver, then you or your child will most likely not be allowed to participate in the activity. It is possible to attempt to negotiate and cross-out certain items on the waiver – but it is not uncommon for the organizer to insist on the waiver in its entirety or not let you participate. The real question, then, is whether the activity has enough value to you to risk lack of compensation if you were to get hurt.
It is important to remember, however, that a Release of Liability form can only waive ordinary negligence – that is the reasonable care and prudence that individuals must take to not injure another. Releases do waive conduct that is willful or wanton (or gross negligence). This is conduct that is intentional or reckless and done when the actor knows that there is a high likelihood that it will result in injury to another. So if your child tears her ACL during ordinary play at soccer practice, there likely is not a legal remedy if you signed a release. However, if a coach or another player were to intentionally hit or punch another player during practice – you likely did not waive your legal remedy by signing the release.
Consequently, if you or your child is hurt outside the ordinary play of the activity, then you should see an attorney and let her evaluate your case to determine if legal action is right for you.
This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer for advice on specific legal issues.