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 the participant is a minor, a parent or legal guardian must sign the waiver. Generally, waivers are used when there is a risk of being held responsible for something that should not be your responsibility. In the case of sports, it is a known that accidents do happen.All participants, parents and legal guardians know this prior to registering.

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 the jurisdictions. However, most do adhere to the rule that you cannot sign away your rights. So if the accident is due to negligence, the participant may, in some cases, be able to hold the organization liable regardless of the waiver.Further, many waivers are incorrectly worded and in some jurisdictions, these wordings may even be illegal.

Other elements that will affect the legality of waivers include when a hardship is placed on those who will not sign the waiver, where the organization is for profit, the age of the participant, cause of the injury, and where the person signing the waiver adds terms such as “under duress”.How do you proceed? If you are a participant, read the waiver and if you are in agreement sign it. Behave in a responsible manner, and assume that the waiver has waived your rights and therefore it is up to you to behave in a prudent manner.

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