LAWREVIEW
Minimize Risk for
‘Extracurricular’ Activities
This Law Review was written by
Kimberly A. Pendo and edited by
Jed Mandel, both of whom are
founding members of Chicago
Law Partners, LLC. CLP serves
as the Association Forum’s general counsel.
Q. We are planning our annual meeting
and would like to offer activities outside
of the educational sessions and meetings geared toward our members’ families
(including children) for the first time.
What is the best way to protect the organization in the event of any mishaps?
A. While offering attendees and their
families the opportunity to participate
in “extracurricular” activities is an attractive way to draw meeting attendees, such
events do create potential risk to the
sponsoring organization. Assuming that
the organization determines that the benefits outweigh the potential risks, there
are several ways to minimize the potential liability. Organizations offering any
type of event involving physical or potentially dangerous activity should require
participants to sign a waiver, permission
slip or informed consent.
effectiveness of any waiver will be based
on the specific facts and circumstances of
the situation.
Effective Waivers
Written waivers or releases entered into
knowingly and voluntarily in exchange for
the ability to participate in an activity (or
other consideration) can be effective at
shielding the organization from liability.
The organization’s goal in requiring participants to sign a waiver is to gain the
participant’s agreement to waive his or
her right to sue the organization in the
event of injury or other harm suffered
during the course of the activity. To be
effective, waivers must be entered into
knowingly and voluntarily. Therefore, it
is important that the waiver be clearly
drafted, fully describe the activity and
the associated risks, and establish that
the participant has agreed to assume the
risks involved in the activity. Waivers are
not enforceable for minors (they do not
have the legal capacity to sign contracts)
unless they are signed by the participating minor’s parent or guardian. Beware:
Even the best crafted waiver will not
shield an organization for injuries caused
by its own negligence and are subject
to scrutiny by the courts. The ultimate
Permission Slip
If the scheduled event is specifically
geared toward minor children (younger
than 18), organizations should consider
including a permission slip as part of
the waiver process. The permission slip
should (i) fully inform the child’s parent/
guardian of the nature of the activity;
and (ii) indicate the parent or guardian’s
knowledge and permission for the child
to participate in the activity or attend
the event. While a permission form does
not eliminate the organization’s liability
in the event of an accident or injury, it is
an important tool to establish that the
parent/guardian was fully informed of the
planned activities and had the opportunity to assess the risks and make an
informed decision about allowing their
child to participate.
Consent Form
If the activity in question is inherently
dangerous (e.g., race car driving, skydiv-
ing), an informed consent form can be
used to help protect the organization
from claims associated with the risks of
the activity itself (as opposed to excusing
the organization from responsibility for
its actions). Informed consent can offer
protection only from risks clearly set forth
in the consent form. A good form will (i)
identify and describe all inherent risks;
(ii) require the participant to represent
that he or she has read the form and
understands the risk associated with par-
ticipating in the activity; and (iii) secure
the participant’s agreement up front (as a
condition of being allowed to participate)
not to sue the organization for any injury,
expense or other liability resulting from
the risks identified in the form. Inherent
risks are those risks that are essential to
the nature of the activity. For example,
jumping out of an airplane may result in
serious injuries resulting from a fall from
great heights.
The answers provided here should not be construed as legal advice or a legal opinion. Consult a
lawyer concerning your specific situation or legal
questions.
