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Under California law, waivers of liability may not prevent people from suing for injuries resulting from gross negligence, recklessness, intentional torts or illegal acts.
Liability waivers are enforceable in California solely to the extent they shift to the customer the risk of ordinary negligence. Under California law, a liability waiver cannot excuse an injury caused by a defendant's gross negligence, recklessness or intentionally wrongful act.
Parental obligations typically end when a child reaches the age of majority, which is 18 years old in most states. However, you may wish to check your state's legal ages laws to see if they vary from this standard.
A waiver is a legally binding provision where either party in a contract agrees to voluntarily forfeit a claim without the other party being liable. Waivers can either be in written form or some form of action.
Many people assume that eighteen years old is the age at which children are emancipated. However, in Colorado, children are emancipated at the age of nineteen. Therefore, parents have to honor their child support obligation until each child reaches the age of nineteen.
To sum it up, customers can still sue business owners even when they've signed a waiver to use the business.
Emancipation generally occurs when a child reaches the age of majority (21), but can occur earlier due to marriage, entering active duty in the military, etc. Children can't enter into contracts, or at least, be responsible for upholding their end of the contract, until they are 18 years old.
Release of liability waivers are generally enforceable in Colorado. They are meant to warn people of the risks of an activity. They disclaim liability by getting people to agree to assume the risk of doing something. Liability waivers used to be used by recreational activity businesses.
Fact: You may still have a right to sue if you signed a waiver of liability. Before you assume that you have waived your right to hold a negligent company accountable, contact our office. While a waiver of liability is a contract, contracts can be found invalid by a Colorado court.