How to liability waivers work?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How to liability waivers work?
I work at an indoor bounce house. Every-time we have a new customer come in they have to sign a liability waiver for their children. A lot of the time we will have a mother bring in her child and then the next week that same child will come in but with a different guardian. I was wondering legally if we need to the new guardian to also sign a waiver for the child or if the first one the child’s mother signed will still legally relieve us of any injures the child may get.
Asked on October 20, 2012 under Personal Injury, Texas
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 12 years ago | Contributor
You're really not kidding about this? I am sure an "indoor bounce house" would want to limit its liability as much as possible since there have to be many possible circumstances that it cannot control.
However, if I owned such a place I would never rely on the internet answer of a lawyer I never met. It also sounds like you don't own the facility. It would be very important for the owner to consult a qualified lawyer to prepare the waiver and the procedures for signing a waiver.
Whether the mother's first waiver applies when someone else brings the child depends on how the waiver is written and your state's law. If the waiver says that the mother is the child's legal parent and/or guardian and she waives for this visit and all visits within the next _______________ or until the date ____________, I would think that is sufficient. Your state may permit waivers to last indefinitely, but I would want to research the law on this and make sure an indefinite waiver is valid for subsequent visits. If the waiver says it applies only to this visit, then the company needs a policy for who has the legal right to waive liability on each visit. The company also needs a policy to define who can legally waive liability for the child (e.g., one parent? both parents? a legal guardian? a neighbor? etc. )
These are very good questions that you raise. You may want to bring them to your employer so that he or she can put a valid, enforceable waiver and practice in place.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.