Waiver RequirementsMost Participant Liability Insurance Policies now require that participants sign waivers. These waivers vary from policy to policy, and their legal implications vary jurisdiction to jurisdiction and case by case. If
participant is a minor, a parent or legal guardian must sign
waiver.
Generally, waivers are used when there is a risk of being held responsible for something that should not be your responsibility. In
case of sports, it is a known that accidents do happen.
All participants, parents and legal guardians know this prior to registering. The waiver is primarily a proof that
participant acknowledges, understands and accepts this risk, and as a consequence has waived
right to hold
sports organization responsible should an accident occur.
Are you really waiving anything?
The legal implications of waivers can be somewhat different. As liability suits generally take place in state or provincial courts much variance exists between
jurisdictions. However, most do adhere to
rule that you cannot sign away your rights. So if
accident is due to negligence,
participant may, in some cases, be able to hold
organization liable regardless of
waiver.
Further, many waivers are incorrectly worded and in some jurisdictions, these wordings may even be illegal. This is
case for all jurisdictions that forbid a parent or legal guardian from waiving a minor's right or in
case
law holds one party strictly liable for certain acts regardless of any waiver.
Other elements that will affect
legality of waivers include when a hardship is placed on those who will not sign
waiver, where
organization is for profit,
age of
participant, cause of
injury, and where
person signing
waiver adds terms such as "under duress".
How do you proceed?
If you are a participant, read
waiver and if you are in agreement sign it. Behave in a responsible manner, and assume that
waiver has waived your rights and therefore it is up to you to behave in a prudent manner.