If you have kids like me you’ve probably been to a bounce house birthday party, trampoline park, or go-kart track. Inevitably, you must sign a release on behalf of your child. The release says, among other things, that you promise not to sue the establishment. It is generally a requirement for you to sign the release for your child to participate.

A Real-Life Example

I have pulled the following language from a release from a popular, local trampoline park:

“As Consideration for being allowed to enter the play area and/or Participate in any party and/or program … the undersigned, on his or her behalf, and on the behalf of the Participant(s) identified below, acknowledges, appreciates, understands, and agrees to the following:

1. I represent that I am the parent or legal guardian of the Participant(s) named below or I have obtained permission from the parent/legal guardian of the Participant(s) named below to execute this agreement on their behalf.
2. I acknowledge and understand that there are known and unknown risks associated with participation [at the establishment] activities and the use of the play area, inflatable equipment and any and all other … equipment… which include but are not limited to: contusions, fractures, scrapes, cuts, bumps, paralysis, or death.
3. I, for myself and the Participant(s) named, willingly assume the risks associated with participation and accept that there are also risks that may arise due to OTHER PARTICIPANTS which I also willingly assume.
4. I, for myself, the Participant(s) named, our heirs, assigns, representatives, and next of kin agree to hold harmless, release, waive and indemnify the independent owner of this … facility, their predecessors, parent, subsidiaries and affiliates, officers, and employees from any and all injuries, liabilities or damages from participation, except for those arising from the gross negligence or willful misconduct of the business.

I additionally agree to indemnify the independent owner of this … facility, their predecessors, parent, subsidiaries and affiliates, officers, and employees for any defense cost or expense arising from any and all claims, injuries, liabilities or damages arising from participation, except for those arising from the gross negligence or willful misconduct of the business.”

Your Child Has Legal Rights

I’m here to tell you that this release isn’t worth the paper its on. If your child is injured as a result of the negligence of that business, signing a release shouldn’t stop you from filing a lawsuit on behalf of your child.

In Pennsylvania, a parent cannot release their minor child’s right to sue. Generally speaking, Pennsylvania Courts have held that a parent cannot waive the rights of their child. Therefore, the release you signed at the trampoline park will not prohibit you from bringing suit against the establishment on behalf of your child.

If you have questions regarding injuries suffered by a minor, call Mobilio Wood for a free case evaluation.