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Can a minor child sign a liability waiver in California? Yes, as long as a parent or legal guardian also signs. In California, a parent can also sign a liability waiver on his or her child's behalf. This makes California different from many other states.
Minor Waiver. RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNTIY AGREEMENT BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
The Waiver must be clearly worded and unambiguous in its intent to relieve any and all legal liability, even liability for negligence. The Waiver should be prominent and not hidden in the fine print of a long contract. The Waiver must be signed by the person who it is being used against.
Waiver of Parental permission is permitted under 45 CFR 46.408(c) when it is not a reasonable requirement to protect subjects. This waiver is usually but not always limited to minimal risk research, such as surveys, interviews or focus groups.
In many cases, the waiver is not enforceable.If you've been injured due to negligent actions, you can sue even if you signed a waiver. Winning a lawsuit concerning negligence is not uncommon. Many celebrities have sued for negligence even though they signed documents stating they understood the risks.
The general rule has been that a waiver is a contract, and a minor cannot be bound by a contract whether it is 1) signed by the minor, or 2) signed by a parent or guardian on behalf of a minor (referred to here as a parental waiver).