Activity Waivers and Your Rights
What waiver and release forms for kids' activities really mean—and when they may not be enforceable.
When you sign your child up for sports, camps, or other activities, you're often asked to sign a waiver or release—agreeing not to sue if your child is hurt. If you don't read carefully, you might assume you've given up all rights. But in many places waivers for minors are limited or unenforceable—especially for negligence. Here's what activity waivers usually mean—and when they may not hold up.
What waivers say
Typical language: you waive all claims against the organisation, its staff, and others for injury or damage arising from the activity—including, in some forms, claims for negligence (e.g. unsafe equipment, poor supervision). So on paper you're giving up the right to sue even if the organisation was at fault. But the law often doesn't allow that for minors: courts may refuse to enforce a parent's waiver of a child's right to sue for negligence, or the law may say such waivers are void. So even if the form says you waive "all claims including for negligence," it might not hold up.
When waivers may not hold up
- Negligence. In many jurisdictions you cannot waive a child's right to sue for negligence. If your child is hurt because of unsafe equipment, poor supervision, or other fault of the organisation, you may still have a claim—even if you signed a waiver.
- Gross negligence or recklessness. Waivers often don't protect against gross negligence or intentional harm. If the organisation or its staff acted recklessly or intentionally, the waiver may not bar your claim.
- Scope. The waiver may only cover "inherent risks" of the activity (e.g. falling in skiing)—not risks that could have been reduced by reasonable care. If the injury was avoidable, the waiver may not apply.
What to do
- Read the form. Understand what it says—and that in your jurisdiction it may not be fully enforceable. Don't assume you've given up your rights.
- If your child is hurt. Don't assume the waiver blocks you. Get advice—you may still have a claim for negligence or other fault. BeforeYouSign can highlight waiver language in activity forms so you know what you're signing—and that your rights may be better than the form suggests.