Liability Waivers for Minors

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Commonly Asked Questions about Liability Waivers for Minors

What happens if a minor signs a waiver?

Except in very rare instances*, a contract signed by a minor** is voidable by the minor until he or she docHubes the age of majority. A voidable contract is legally binding on both parties unless the minor chooses to void the contract, at which time it will no longer be enforced.

Does signing a waiver mean you cant sue?

You may sue even if you signed a waiver, if your damage was caused by gross negligence, strict liability negligence, an intentional tort, or where you signed a waiver that was deceptive in nature or when it was obvious you were unable to understand the waiver at the time.

What does minor waiver mean?

Pursuant to California Labor Code section 1308.5, a minor can work until 10 p.m. and with our written authorization until midnight on a night preceding a school night. Minors may work until 12:30 a.m. on nights preceding non-school nights.

What are the requirements for a waiver of liability in California?

A waiver of liability must be clear, unambiguous, and explicit in expressing the parties intent. Many courts in California have ruled that waivers printed in faint or small font, or in an inconspicuous place (deep in a document, on the back of a page, etc.), are less likely to be held enforceable.

Are waivers enforceable for minors?

Yes, as long as you or your childs legal guardian also sign. In California, you can also sign a liability waiver on your childs behalf. This makes California different from many other states.

Is a contract legally enforceable if a minor signs it?

Minors (those under the age of 18, in most states) lack the capacity to make a contract. So a minor who signs a contract can either honor the deal or void the contract. There are a few exceptions, however. For example, in most states, a minor cannot void a contract for necessities like food, clothing, and lodging.

Can parents waive childs rights to risk of injury?

Additionally, in many jurisdictions, parental waivers are not legal, as several state supreme courts have determined that parents cannot waive their childs legal rights. A case in Kentucky ended with a court deciding that a damage waiver signed by a parent doesnt protect companies from liability if children get hurt.