Legal Question in Insurance Law in Virginia
Waiver
I live in a beach community. This community has a club that is optional to be a member of. The dues we pay to be a member help with maintaining our beach and our roads. Also, our roads are not maintained by the state. Most families have golf carts to get around in. Some parent's allow thier child to drive the carts. One member wants us to have a waiver signed releasing the club of liability if there is an injury. I want to know if a waiver would be valid given that this is not a housing association community. It is not a requirement to be a member but an option, and many of these kids are not children of members. If a child is harmed because they are driving a gold cart how could we be liable when the roads do not belong to us?
1 Answer from Attorneys
Re: Waiver
Children of non-members should not be driving golf carts owned by the community club.
And it might be advisable for all club members who
avail themseves of these carts to sign a waiver absolving the club from any liability for any injuries which either they or their children might incur from the operation of the golf carts.
More information, however, would appear to be needed in order to make a more definitive determination on this particular issue.
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