With the end of the school year, many kids spend the summer in various camps and summer sports activities. Nearly every organization requires parents to sign waivers on behalf of their children. Sometimes the releases are drafted to relieve the camp or sport organizer of any liability for any claim that could occur. Parents faced with these agreements often question whether the agreement they sign is enforceable, or if they are giving the camp license to put their child in danger without recourse.
Despite the language of these liability waivers, most are only partially valid under Colorado law. Under Colorado statute, § 13-22-107, the only claim a parent may waive on behalf of their child is a claim for ordinary negligence (i.e., the failure of the camp to exercise reasonable care). If a camper is injured due to a willful and wanton, reckless or grossly negligent act or omission, a blanket release is likely not valid for these types of claims. While every situation is fact dependent, injuries resulting from conduct more egregious than merely negligence are likely not affected by a blanket waiver. Parents always assume some risk when kids go to camp, but they are not signing away all of their child’s rights.
For more information, contact Miller Kabler, P.C. at 720-306-7733