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Generally speaking, a child cannot sign a waiver on behalf of a parent as they lack the legal capacity to enter into contracts. The Utah Waiver and Release From Liability For Minor Child for Babysitting typically requires a parent or guardian's signature to be valid. It is essential to ensure that the adult responsible for the child provides consent, thus protecting both the child and the babysitter. For more assistance with creating these forms, consider using the resources available on uslegalforms.
In general, a liability waiver in Utah only protects a defendant from liability for injuries related to ordinary negligence. This is a general breach of the duty of care. It does not protect from gross negligence or malicious intent to harm.
Many believe a parent is liable if their child's actions caused injury to someone else; however, this is not always so. A parent has a duty to exercise reasonable control over their child: the younger the child is, the greater the level of control would usually be expected.
A parent or guardian can never lawfully waive the rights of their minor child. You can waive your own rights through an indemnity or disclaimer, but not your child's. Therefore even if you sign such a document on behalf of your child, the child can still sue for damages in their own name.
To sum it up, customers can still sue business owners even when they've signed a waiver to use the business.
Utah Supreme Court Reaffirms: Parental Waivers Are Not Enforceable in Utah.
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.
Generally, a liability waiver document is a legally binding agreement that relinquishes the right of one party to pursue legal remedy for injuries accrued on the property, regardless of fault involved.
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.
A liability waiver, or release waiver, is a legal document that a company or organization requires members of the public to sign in order to protect their organization from being sued if you sustain an injury.