How to liability waivers work?

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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 8 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.

 


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