Missouri Skater and Skateboarder Assumption of Risk, Waiver and Release

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Multi-State
Control #:
US-01990BG
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Word; 
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Description

Skateboarding is the act of riding and performing tricks using a skateboard. A person who skateboards is most often referred to as a skateboarder, or just skater. Vert skateboarding is a term used to refer to riding a skateboard on a vertical ramp. Many people use vert ramps in trick skateboarding as well as vert skateboarding. As a result of the "vert" skating movement, skate parks had to contend with high-liability costs that led to many park closures. In response, vert skaters started making their own ramps. Now such ramps are manufactured commercially.


A waiver or release is the intentional and voluntary act of relinquishing something, such as a known right to sue a person or organization for an injury. The term waiver is sometimes used to refer a document that is signed before any damages actually occur. A release is sometimes used to refer a document that is executed after an injury has occurred.


Courts vary in their approach to enforcing releases depending on the particular facts of each case, the effect of the release on other statutes and laws, and the view of the court of the benefits of releases as a matter of public policy. Many courts will invalidate documents signed on behalf of minors. Also, Courts do not permit persons to waive their responsibility when they have exercised gross negligence or misconduct that is intentional or criminal in nature. Such an agreement would be deemed to be against public policy because it would encourage dangerous and illegal behavior.

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FAQ

The assumption of risk in Missouri refers to the legal principle where individuals acknowledge and accept certain risks associated with activities, like skating or skateboarding. By signing a waiver, such as the Missouri Skater and Skateboarder Assumption of Risk, Waiver and Release, individuals agree that they understand these risks. This principle can protect organizers from liability if participants are injured while engaging in such activities. It is essential for both participants and organizers to understand this concept.

A waiver, such as the Missouri Skater and Skateboarder Assumption of Risk, Waiver and Release, does not have to be notarized to be effective. However, notarization can help prevent disputes around the authenticity of signatures and intentions. Notarization provides an additional level of validation that can be helpful if the waiver is challenged later. Therefore, while not essential, it is a good practice to consider.

For a waiver, including the Missouri Skater and Skateboarder Assumption of Risk, Waiver and Release, to be legally binding, it must be clear and understandable. The parties involved should consent willingly without any coercion or misunderstandings. Additionally, it should clearly state the risks involved and outline the rights being waived. Ensuring these elements are present will enhance the waiver’s enforceability in court.

While a waiver, such as the Missouri Skater and Skateboarder Assumption of Risk, Waiver and Release, does not legally require notarization to be valid, notarization can enhance its enforceability. A notarized waiver is often seen as more credible since the notary verifies the identity of the signers. Thus, though not mandatory, notarization is a valuable step for ensuring clarity and commitment. It is beneficial for both parties involved.

If an agreement, like the Missouri Skater and Skateboarder Assumption of Risk, Waiver and Release, is not notarized, it may still hold legal weight but could face challenges in court. Notarization adds an extra layer of authenticity, making it easier to prove that the signatory willingly signed the document. Without notarization, you may face difficulties if the agreement is contested. Therefore, it’s wise to consider notarizing your waiver for more assurance.

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Missouri Skater and Skateboarder Assumption of Risk, Waiver and Release