Legal Question in Insurance Law in Illinois

I received a Release of Liability form with the packet of forms required to attend the camp she is registered for this summer.

In addition to other verbage, there was this section -

"In consideration of my child�s or ward�s attendance at a xxxxxxxxxx(s) as a camper or staff member, I, for myself and on behalf of my minor child or ward and his or her executors, administrators and heirs, give permission to my minor child or ward to participate in any of the activities identified above subject to the limits identified and listed below by participant or guardian and release and hold the xxxxxxxxxx and the xxxxxxxxxx(s) my child or ward attends, including the owners, trustees, officers, employees, agents and volunteers of these entities, harmless from any and all claims or suits arising in any way from the child�s or ward�s attendance at a xxxxxxxxxx(s) for injury to my child or ward or his or her property or his or her death caused by the negligence of these entities and/or individuals to the fullest extent allowed by law."

The entity's name have been removed to protect their and my child's identity. My question is, would you sign this? Is it legal? If my child drowned or fell off a cliff because they didn't have lifeguards or enough supervisors for a hike, does this mean they would be completely off the hook for not supervising a child placed in their care?

Thanks for reading this.


Asked on 5/14/10, 10:12 am

2 Answers from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

1) If you do not sign it, yoiur kid doesn;t go to that camp.

2) You do not indicate where the camp is located. If it is in another state, that state's law may apply.

3) It states "to the fullest extent alloed by law." If it is illegal, then it is meaningless. If it not legal it is binding,

It does not avoid liability for gross neglilgence or strict liability situations. Probably any camp will ask you to sign a similar release. The park districts also ask for a similar release, I believe

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Answered on 5/21/10, 8:18 am
Mark Hartzer

The document is called a 'hold harmless agreement'. Mr. Shimberg is correct in pointing out that unless you sign, your child won't be allowed to go to camp. However, Illinois law generally looks with disfavor at parties that attempt to avoid responsibility for their own negligence. Depending on the nature of the accident, it is impossible to say whether the hold harmless will hold up as each fact situation is different.

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Answered on 6/13/10, 1:08 pm


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