Effectiveness of Parental Waivers, Parental Indemnification Agreements, and Parental Arbitration Agreements as Risk Management Tools

Many recreation, fitness, and sport providers offer services and programs for minor participants as well as adult clients. As a line of defense against negligence claims and as a risk management tool, many recreation, fitness, and sport providers use waivers of liability. In most states, a well-written, properly administered waiver, signed voluntarily by an adult, can serve as an effective risk management tool in protecting the service provider from liability for injury resulting from the ordinary negligence of the provider (Cotten & Cotten, 2005). The question to be addressed here is "Will waivers protect the service provider when the injured participant is a minor?".