If a party signs a document stating that they agree not to hold a homeowner liable for any injuries sustained at that residence, is this legally binding?

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If a party signs a document stating that they agree not to hold a homeowner liable for any injuries sustained at that residence, is this legally binding?

Say for example someone taught private gymnastics lessons in their home and the participant signed such a document saying they would not hold the instructor/home owner liable for any injury. Would it be a valid binding agreement?

Asked on January 18, 2014 under Personal Injury, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the student is a minor, his/her parents would have to sign, not the minor him/herself.

If the docuument is properly signed, it offers some, but not total, protection: it should shield the instructor from suits based on ordinary negligence or carelessness, but will not protect him or her from liability based on gross negligence (more than usual carelessness, such as expecting a beginner to do a difficult arial move), dangerous conditions of which the instructor is aware (like a damaged balance beam with a jagged edge), or from intentional acts (like hitting a student). Good insurance coverage is strongly recommended.


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