Should I hire a attorney to write me a waiver or will a general waiver do? 13 Answers as of May 26, 2015

I am starting a small summer program. It really should not be dangerous to the kids participating, but it will be physical and I wanted to have their parents sign a waiver just in case. I have found a few general waivers online that seem like they would work fine, but I am wondering, should I hire a lawyer to write a waiver for me? Is that really necessary to limit my liability?

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
I can't answer this question because I do not know what the form waivers you have found say. Consulting a lawyer in this case would be a valid business expense, and might help give you peace of mind. (Please remember that some duties can not be bargained away, whatever the paper says.) Good Luck.
Answer Applies to: Wisconsin
Replied: 5/26/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
It never hurts to talk to a lawyer, but you might want to try running it by your liability carrier, first, and see if they have forms or how they would like you to handle it. Good luck.
Answer Applies to: Alabama
Replied: 5/26/2015
Utah Injury Lawyer
Utah Injury Lawyer | Will Rodgers
In a word, yes hire a lawyer to write a waiver for you. The waivers you have found online may very well not be good enough, strong enough and specifically address the liability risks unique to your summer program. A good lawyer will draft a waiver that will be very protective of you.
Answer Applies to: Utah
Replied: 5/26/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
A general waiver MIGHT work, but to be safe, you may want to speak to a lawyer. Kids have a unique ability to find ways of hurting themselves.
Answer Applies to: Michigan
Replied: 5/26/2015
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
Suppose you found a lump where there was not supposed to be one. Would you go to a dr, or look it up on the 'net?
Answer Applies to: New York
Replied: 5/26/2015
    Law Office of Lisa Hurtado McDonnell | Lisa Hurtado McDonnell
    It depends if it cover your liability. I would ask some people in the industry or hire an attorney.
    Answer Applies to: Utah
    Replied: 5/26/2015
    Law Offices of George H. Shers | George H. Shers
    No, you could just pay all the damages when one of the kids gets injured [kids get injured all the time]. A contract/waiver by the kids can not be enforced against them because they are not 18 and the parents can not legally waive their child's rights. You need to speak to someone to see what you are getting yourself into and whether it is worth it.
    Answer Applies to: California
    Replied: 5/25/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    You can use a sample form. However, waivers can be fought and you do not want to take it upon yourself something that is not drafted to take care of your special situation. May be worth hiring an attorney.
    Answer Applies to: California
    Replied: 5/25/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    You discuss an "exculpatory clause". You can look to the paperwork of comparable programs for examples of such language to use, but your best bet is to hire an attorney to do so who is mindful of your specific operations. The law may or may not allow the degree of exculpation you seek, but you should definitely alert the parents to risks.
    Answer Applies to: California
    Replied: 5/25/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I need details but think you need a limited liability entity, a proper waiver and insurance.
    Answer Applies to: Michigan
    Replied: 5/25/2015
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    You should contact an attorney because a waiver may not satisfy your desires. A person cannot waive their right to sue and if you are dealing with children such waivers are limited. You should consult an attorney and make sure you have adequate insurance.
    Answer Applies to: New York
    Replied: 5/25/2015
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