What a Divorced Parent Should Know before Signing Waivers and Similar Documents

Recreational activities are a normal occurrence in children’s lives. From outdoor activities in waterparks to indoor activities in a playhouse, these are some of the things that kids can do to get some exercise in, find a new pastime to get into, or just simply have fun. While a lot of these activities are generally safe, some still require a parent to sign a waiver for their children. This is to inform them that they’re aware of some of the risks that their child may face whilst do certain activities. Signing a waiver doesn’t seem like such a big deal, but as a parent, you should at least know what signing it entails, especially if you are a divorcee.

Waivers and Indemnity Agreements

A waiver is a contract of sorts that informs a person of a number of things. For starters, it informs a person of all the risks that are present in the participation of a certain activity. The waiver also releases whoever is in charge of any responsibility should any harm come to the signee.

An indemnity agreement entails the signee assuming the responsibility of whoever is in charge of an activity one participates in.

In any normal situation, knowledgeable adults sign a waiver and indemnity knowing whatever it is they’re getting themselves into. Just like any other contract, they are bound to their agreement to the waiver. Unfortunately, this does not apply to children. While parents do sign these agreements on their children’s behalf, this contract can be voided by a child should it not favor them.

What Happens If a Child Voids a Waiver

If only one of the child’s divorced parents, for example, signed the necessary documents, the other could sue on their child’s behalf. This is a valid claim because children can void any agreement signed on their behalf. While this does seem like the most logical thing to do, lawsuits in this situation can still backfire on the parents. Since at least one parent signed the agreement, any company can use this to counter that parent, thus charging them any and all legal fees incurred during this entire process.

Knowing this, what is a divorced parent’s best option? The best option for any divorced parent faced with a waiver is to have the other parent sign it too. Just like any other aspect of your child’s life, the best way to go about these things would be with a co-parenting approach. At least that way, you know very well what goes on and what happens in your child’s life.

By doing so, you’re both aware of what can possibly happen to your child and accept any and all responsibility that comes with it. While it might not seem like the best way to go about things, it really comes down to accepting what can happen to your child should they want to do a certain activity.

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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas. If you have any questions you can contact him at timothy.hutton@austintexaslegal.com

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