A waiver or release is the intentional and voluntary act of relinquishing something, such as a known right to sue a person, educational institution, or organization for an injury. The term waiver is sometimes used to refer to a document that is signed before any damages actually occur. A release is sometimes used to refer to 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.
South Dakota Athletic Risk Acknowledgement Statement for Parents or Guardians of Students in Middle School: Introduction: Welcome to South Dakota's Middle School Athletic Program! Our aim is to provide a safe and enjoyable environment for our students to participate in various athletic activities. As parents or guardians, your involvement and understanding of the potential risks associated with sports are crucial. To ensure the safety of our student-athletes, we require you to acknowledge the Athletic Risk Acknowledgement Statement. Types of South Dakota Athletic Risk Acknowledgement Statements for Parents or Guardians of Students in Middle School: 1. Standard Athletic Risk Acknowledgement Statement: This is the general risk acknowledgement statement for parents or guardians of students participating in middle school athletics. It covers a broad range of sports and activities and must be acknowledged by both parents or guardians before the student can participate. 2. Activity-Specific Risk Acknowledgement Statement: This type of risk acknowledgement statement is specific to certain sports or activities that may involve higher risks. Some examples include football, soccer, track and field, wrestling, basketball, cheerleading, etc. This statement helps parents or guardians recognize and understand the specific risks associated with their child's chosen sport. 3. Concussion Awareness Risk Acknowledgement Statement: Concussions are a common concern in contact sports. This risk acknowledgement statement is focused on educating parents or guardians about the signs, symptoms, and potential risks of concussions. It emphasizes the importance of immediate medical attention in case of suspected head injuries. Content for South Dakota Athletic Risk Acknowledgement Statement for Parents or Guardians of Students in Middle School: Dear Parents or Guardians, We believe that participation in middle school athletics is a valuable opportunity for physical, mental, and social development. However, it is important to be aware of the potential risks associated with these activities. By signing this acknowledgement statement, you indicate that you understand and accept the following: 1. General Assumptions of Risk: — Participation in athletic activities carries inherent risks of injury or harm, including but not limited to sprains, strains, fractures, concussions, dislocations, and more. — The school district and its representatives, including coaches, cannot guarantee the safety of every participant. 2. Activity-Specific Risks: — Each sport or activity comes with its own set of risks, which may include collision, falls, contact with equipment, extreme weather conditions, uneven terrain, and more. — It is your responsibility to familiarize yourself with the specific risks associated with your child's chosen sport by consulting the provided resources or discussing with the coaching staff. 3. Concussion Awareness: — Concussions are a serious concern in sports and can have long-lasting effects if not identified and treated promptly. — We strongly encourage you to familiarize yourself with the signs, symptoms, and protocols for managing concussions. — Promptly report any suspected head injuries to the coaching staff and seek medical attention as required. 4. Medical and Insurance Coverage: — It is your responsibility to ensure that your child has appropriate medical insurance coverage in case of injury. — The school district does not provide medical coverage for injuries sustained during athletic activities. Conclusion: By signing this Athletic Risk Acknowledgement Statement, you affirm that you have read, understood, and accepted the potential risks associated with your child's participation in middle school athletics. We appreciate your cooperation in maintaining a safe and enjoyable environment for all student-athletes.
