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Loren, Attorney
Category: Legal
Satisfied Customers: 34018
Experience:  30 years experience representing clients.
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We are sending our son to a sports camp for the week (wakeboarding

Customer Question

We are sending our son to a sports camp for the week (wakeboarding and trampoline park) and they are asking us to sign a hold harmless agreement which I understand is typical. However this agreement says we forever discharge and hold harmless from any and all liability claims and lawsuits (summing it up) from death, injury, etc., that may occur as a result of use or misuse of the facility including any equipment that malfunctions or breaks, improper maintenance of the facility or grounds or equipment, improper instruction or improper supervision.

I can understand that we assume risk from the nature of the sport, etc., but is it normal for us to assume and hold harmless any risk from this facility not properly maintaining or servicing their equipment or for their staff not properly supervising or instructing our child or if they give the wrong instructions? Furthermore, if we sign this (and it is pretty detailed and seems to be pretty Iron Clad), does this basically eliminate any and all possibility of suing if something did occur (because we did agree in advance?) I am assuming they will not let him attend if we do not sign, but I want to understand what we are signing! Thanks!
Submitted: 4 years ago.
Category: Legal
Expert:  Loren replied 4 years ago.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide excellent service.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.

As a general rule, releases are valid. However, you do have a chance to get past the release where you can prove gross negligence or intentional acts.. So, it is not as water tight as it seems. Courts will uphold a hold harmless agreement supported by consideration, but if they can find a way around it, they often will find an exception.

Additionally, there is some conflict as to whether the a hold harmless signed by a parent is binding on a minor after reaching majority.

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