Toddler Parties at Local Venues -- Do You Sign the Waiver??

A person or place cannot excuse themself from negligence, no matter what their piece of paper states, sign it, and if something happens, they are insured and you DO have recourse, they just want you to believe that you don't. :)

7 moms found this helpful

I sign. Because I know a "waiver" is not going to stop the place from being legally responsible in the instance of negligence.

5 moms found this helpful

If you feel the place is unsafe, then waiver or not, tantrum or not, YOU leave with your kid!!

YOU are the parent!! YOU are the one ultimately responsible for your child.

If your kid decides to do something incredibly stupid (which, lets fact it, kids do) the place should not be respobsible. Most of the places I have been to (and the waivers I've seen) have also said that the workers are not there to babysit your children and parental supervision is necessary.

If you're that uncomfortable signing the waiver, then I don't think you should go.

3 moms found this helpful

Waiver or not, if there is any situation in which I feel my kids could be in danger in any way, we leave. Simple as that. I as a parent take full 100% responsibility for my children's safety and I don't expect anyone else including a place of business to step in for me and make my kids safe. You take a certain amount of risk in everything you do--so I weigh the pros/cons and see which one wins. Next time if you feel that your child is in danger, leave! Wouldn't it be better to have a screaming child than a child with a lost eye or broken arm? Do what is best for your family and forget about the rest.

M

2 moms found this helpful

So my husband is a lawyer and will routinely scratch things out or write in things like "unless in the case of negligence on the part of the operator" and then sign. Usually people laugh or the teens running the place roll their eyes but they'll accept it...a waiver doesn't necessarily completely release an operator from liability, though. In the event of gross negligence, or recklessness (read: Costa Cruise), you are still on good footing.

In fact, you can still sue event in light of signing a waiver and the waiver will be taken into consideration (informed consent type of thing) but if the judge or jury determines the injury was caused by operator neglect, negligence, or what have you, you may still be compensated for the injury...and call me crazy, but I think that "death" at a child's venue for anything other than natural causes or something like a kid choking on food because they were in a bounce house or having an allergic reaction to something...would most likely be considered gross negligence or recklessness.

You're right to be concerned, I sustained a very serious and lasting injury at a go kart place 4 years ago, I did not sue because the injury was an accident that resulted in very typical operation of the go kart but was just an unfortunate situation. My insurance covered the chiropractic care needed.

2 moms found this helpful

I can't say I love these waivers either, but I do sign them. I want my kids to be able to participate in the activities, so I sign. Sometimes just reading the waiver makes me nervous b/c I hate thinking of serious injuries and death as a result of play (even though I know the wording is standard)!

Unfortunately, I think this is just the status of our society. People are so quick to sue, that businesses have to cover their butts at all costs.

2 moms found this helpful

I get and agree with you but it is pretty standard. The ones that I have seen indicate they aren't held responsibleunless they are negligent...so even if you sign the waiver, if they have disregarded basic safety procedures or are neglectful, they can be held responsible. Their insurance companies are most likely asking for this waiver more and more...without it, they may not be able to afford the insurance costs.

1 mom found this helpful

I was actually talking to someone today about this, he works for an insurance company and was saying how businesses have to pay a LOT for liability insurance, and the waivers are mandatory for them if they wish to be covered. It's scary to think of something tragic happening, but the reality is that it sometimes does, children have been seriously injured or died as a result of injuries at these places, even a trip to Disneyland could end tragically.

I would and do sign the waiver, leave if I see or saw any unsafe conditions, and not return for that reason. My kids have never gone to all the parties they've been invited to and never will, and it's no biggie.

1 mom found this helpful

I would be calling the Chamber of Commerce (sp) and the Better Business Bureau. You could also contact the city health department and ask about license information.

I would not sign any document relieveing them of liability. All business are supposed to carry liability insurance.

1 mom found this helpful

Jennifer T said it perfectly, sign away!
Almost all my kids' parties were at home (they are 18, 16 and almost 13 now.) I think the reason so many parents today have parties at these venues is so they can invite as many kids as possible. Everything has to be big and over the top, more, more, more.
I just don't get it. I loved having home/backyard parties for a group of about 8 to 10. Simple and truly FUN, without all the legalities and stress and loudness of a public space. Though I suppose if a child got hurt at my house I could have been sued (?) but I just never thought like that :(

1 mom found this helpful

Well we only go to one place that has had me ever sign such a waiver (http://www.emerald-rainbow.com/generalinfo/default.asp)- A place with a lot of inflatable castles- you can see their waiver if you want. Click on the right where it says 'download the waiver' it will open in pdf.

This waiver does mention "death" and how it doesn't matter if the equipment or employees caused the injury. I guess I don't blame them. These kind of businesses (or at least this one in particular) don't make big bucks. They can't afford to lose their business and possibly their home and everything if one person decides to sue them for some huge or even a small injury. So although I don't like thinking that if my son got a concussion, I could not legally get payment from them.... I still sign the waiver. I follow him around and watch him like a hawk. He does not go on any inflatables without me in it with him or with me watching. They do have padded gymnastic mats here and there. He's bit his lip a few times. No big deal. I've stubbed my toe on the floor anchors. Hurt like heck but oh well. Maybe I should be watching where I'm going? Maybe they should put padding around the anchors?

So all in all - I don't like the forms either. I do sign them, although for me, it is a rare occurence. If I were you, I'd call the venue when you receive the birthday party invitation and ask about their policy. Perhaps say "Well that really sucks because I won't ever come to your venue, nor will my friends or family, if you won't accept responsibility if indeed your equipment caused injury." If their policy is one you agree with - then go to the party. If it's not one you agree with, suggest to your son that you invite the friend over to give the birthday present or something.

On the parent hosting side, we just planned a birthday party for my 10 year old. I intentionally steered away from venues that required the parents of all of our guests to sign a waiver. To me, that is just a huge PITA, and it makes me uncomfortable that they feel injury is such a risk everyone must have a signed waiver.

Plus, I have an older daughter with a weak ankle that she has sprained 3 times in 2 years, so to me it's not the worth the risk for an hour of bouncing around. She had to have months of physical therapy last spring and summer after the 3rd reinjury. We'd rather have her not injured for snowboarding, swimming, and volleyball, bike riding, and other everyday activities. Fortunately, this is my 12 year old and her age group is beyond the bouncy castle trend, for the most part.

I would probably sign and let my youngest go since she doesn't have any additonal risk factors for injury. But I know I appreciate the number of less risky parties that still happen in our area.

I think that with these waivers, if you sign and your child does something crazy that causes her/him to hurt themselves, then you are liabel. But if they have an unsafe piece of equipment, like a bar that falls and causes your child to become injured, then you have every right to sue or they are at least responsible.

Ooooooh, this has been ticking me off for YEARS!!!!

(My kids are now 23 and 17.)

I understand the need for liability waivers in this society. There are always going to be people who will not take personal responsibility for their own poor decisions. And I didn’t originally have a problem signing them. I know that accidents happen, even when safety precautions are followed to the letter. I know that I am responsible for the supervision and safety of my kids.

But I always read them all the way through. And they started to include wording that specifically says that they aren’t responsible EVEN IN CASES OF NEGLIGENCE OR INTENTIONAL INJURY OR DEATH.

Really?

A company can get away with not maintaining equipment properly?
Allow the employees to ignore (or not even training them) in safety precautions?

This doesn’t make sense!!!!

Other parents have told me not to worry about it - that it can't possibly be enforceable.

I’ve tried researching this online, to see if this wording actually holds up in court – but I’m certainly not a lawyer, and haven’t found anything that I feel I can rely upon. Do I need one, then, for every time that I’ve been told I have to sign one of these things? Do I need to personally inspect the venue and equipment, even though I may not know enough about the activity to actually recognize a hazard when I see it?

Bottom line? My kids have not always attended/participated in stuff that their friends have been able to do.

However, DH will sign them, even knowing my concerns. So daughter knows to go to him >.<

In all fairness to parents, if a liability waiver is required for a child to attend a party (or a school field trip, Scout event, or whatever), the hosting parent should send a copy or a link WITH the invitation so that you know ahead of time.