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Question: What is being done around the province with minors' waivers in light of court rulings on the invalidity of waivers signed by minors and or parents/guardians?
nothing due to lack of awareness - 0 (0%)
nothing due to need for minors to participate - 1 (25%)
refusal to allow minors to participate - 1 (25%)
conscious inclusion of minors despite liability rulings - 2 (50%)
Total Voters: 4

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Author Topic: Minors' waivers  (Read 2913 times)
sandysensei
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« on: February 01, 2011, 01:35:20 PM »

Recent and not so recent court rulings have indicated that waivers signed by minors or those signed on their behalf by parents or guardians are invalid.  This leaves organizations open to law suit that is, potentially, financially disastrous.  How are we dealing with this around the province?
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Swordfish
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« Reply #1 on: February 04, 2011, 01:21:28 AM »

Okay I'll bite.

Just off the top of my head in no particular order:
- plenty of jurisdictions to not recognize waivers (namely civil law jurisdictions), nevermind waivers signed on behalf of minors.  Lack of waivers doesn't stop business from being done.
- if you're in business, especially where harming a child or others is a concern, then get business insurance.
- don't be negligent.
- apportionment of risk.  The business owner is in a better position safeguard the wellbeing of a child than the child.
- what's the context here?  Did you or someone you know maim a child?

I guess the long summary is this: 

If you operate a business that doesn't have the sense to carry adequate business insurance and you operate in such a negligent manner that a child is hurt, maimed or killed, then your business deserves to crash and burn.  Or better yet, do everyone a favour and don't do it in the first place.
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