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Factors that courts look at in determining whether a contract such as a liability waiver is unconscionable include: The subject of the contract. The relative bargaining positions of the parties to the contract. The degree of economic compulsion involved. The public interests implicated by the contract.
Connecticut will enforce a liability waiver if the waiver is unambiguous and enforcement would not violate Connecticut's public policy, but the standard for meeting these requirements is high.
The release of liability should release your organization from liability for injuries that occur during participation in your league. You can also include specific people involved in your organization that will be released of liability - like volunteers, coaches, or referees. Include a Waiver of Claims.
Although the court acknowledged a minor can generally disaffirm a contract signed solely by the minor the court also ruled that waivers signed by a parent on behalf of a minor can be enforceable (Hohe, 1990, p. 1565).
To ensure their legality, all waivers need to contain key elements like an exculpatory clause, an indemnity clause, and an assumption of risk. The exculpatory clause removes liability from one party during the course of the contract and waives the right to sue for negligence.
In general, we will see that waivers will be deemed invalid if: The provisions of the agreement are illegal or ?unconscionable.? The language of the waiver is not comprehensible, clear, or explicit. The waiver was obtained through deception, misrepresentation, fraud, undue influence, or when a person was under duress.
For example, a waiver may be void and thrown out of court if: Its language is unclear. If the waiver was difficult for a reasonable person to understand, you might not have truly realized what you were signing. You asked questions about the waiver but received incorrect or misleading answers.
Forms Signed by Minors are Not Valid No one under 18 can lawfully enter into a contract, so if a minor wants to participate in an activity requiring a liability waiver form (e.g. jumping in a bounce house or climbing a rock wall) their parent or legal guardian must be the one to sign.