Anyone who has participated in the combat sports has undoubtedly been asked to sign a waiver at one point or another. Ever wondered whether those waivers are actually enforceable? With the growing popularity of the grappling arts and MMA, both of which involve a lot of live sparring, understanding waivers is more important than ever.
While the law governing exculpatory agreements like waivers will vary from jurisdiction to jurisdiction, there are some general principals that may be helpful to owners of martial arts schools or wrestling clubs in drafting effective waivers.
- Avoid Ambiguity- Make sure the waiver is written in plain English and is conspicuous. If you end up in court and a judge gets the impression that you were trying to hide the meaning or content of the waiver through use of overly complex language or “fine print” you’re likely to get a bad outcome.
- Scope – Generally, waivers purporting to excuse liability for intentional, willful, or wanton acts; reckless conduct; or gross negligence will not be enforced by courts. Unless there is something unique about the law in your jurisdiction, waivers are typically only effective in limiting liability for simple negligence (i.e. carelessness). Don’t try and stretch it, you may end up invalidating your waiver.
- Minors- Generally, the law will not bind a minor to a waiver. This is usually the case regardless of whether the minor or his/her parent signs the waiver. The reason a minor’s waiver is typically unenforceable is that the law does not consider children to have the capacity to contract. Minors may generally disaffirm contracts, unless the contract deals with a life necessity. The life necessity exception will typically not apply to recreational sporting activities.
Any of you school owners out there, how do you deal with liability with regard to minors? Also, do any of your waivers limit the liability of your students?