Legal Question in Personal Injury in Massachusetts
Signing Liability and Release forms
The liability and Release form for my
daughters participation in a Christian
week long work camp releases the
company and all of its workers and
servants and volunteers both now
and in the future from any acts of
''negligence'' or ''omission''. Does
this mean we have no recourse for
any accident, or situation of abuse, in
any aspect? Risk can be assumed for
many things, but to be unable to
seek recourse even in the instance of
negligence or omission seems to go
beyond what I have seen on other
forms, and leaves me feeling
powerless if anything should happen.
Should I sign such a document, and
if I do have I given up all of my rights
to this camp? They have told me
that their insurance policy will be
voided if I cross out the parts I do not
agree with, therefore I can not have
my daughter attend if I do not sign
as is. She desperately wants to go to
this camp, but I feel like I am not
being responsible if i let her go with
no potential recourse if something
very bad happens through an act of
negligence or omission. What advice
might you have for us?
2 Answers from Attorneys
Re: Signing Liability and Release forms
It should be against public policy for them to seek a release from their own negligence. Take the release to an attorney to determine what options you might have rather than being pressured into being an irresponsible parent.And
congratulations on being a responsible parent.
Re: Signing Liability and Release forms
Because a work camp might be inherently dangerous, it is common for the organizers to attempt to have all participants release them from negligence.
It is generally not against public policy for these agreements to release liability for negligence - and they are generally enforceable. If the agreement attempted to release "gross negligence," it may be against public policy.
I recently published a newsletter on this topic at: www.bacelaw.com/BaceLawReport_1.08.ReleaseAgreements.pdf
I also commend you for being an informed and responsible parent. As to what you can do - it appears signing the release is a prerequisite to your daughter's participation. It would not hurt to have your attorney look over the release to try to put your mind at ease.
Let me know if you have further questions.
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