Negligence, Other Injury Is this waiver enforceable?

[SF_USA]

Jurisdiction

California

Signing up my son for a sports camp at UC Berkeley this summer. When I registered, I came across this pretty draconian release of liability waiver I was forced to sign to have him participate.

https://riskservices.berkeley.edu/sites/default/files/uc_general_waiver.pdf

Is this thing enforceable? In particular, this is making me pause:

"[..] do hereby release, waive, discharge, and covenant not to sue The Regents of the University of California, its officers, employees, and agents from liability from any and all claims including the negligence of The Regents of the University of California, its officers, employees and agents, resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in The Activity [..]"

(emphasis mine)

So basically, this means that they can do whatever they want to my son and I just signed away my ability to seek justice in case they mistreat him, kill him, or basically do whatever?

Is that even legal?

 

[adjusterjack]

It's legal and enforceable in most cases where your son might get injured while participating in sports.

However, it can be defeated in cases of negligence and intentional acts.

So, no, they can't "mistreat him, kill him, or basically do whatever."

Though it's pretty much a guarantee that playing sports can result in injury, often serious.

Your son's age?

Type of sports he will engage in?

By the way, nobody "forced" you to sign. It was your choice. You could have walked away and your son would learn that life is full of disappointments.

 

[Tax Counsel]

Is this thing enforceable? In particular, this is making me pause:

"[..] do hereby release, waive, discharge, and covenant not to sue The Regents of the University of California, its officers, employees, and agents from liability from any and all claims including the negligence of The Regents of the University of California, its officers, employees and agents, resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in The Activity [..]"

It is enforceable in at least most states, so long as the injury occurs as a result of normal participation in the sport. While the contract is worded more broadly to cover more than the participation in the "The Activity" the incident causing the injury still going to have to have some
connection with sports activity.

So basically, this means that they can do whatever they want to my son and I just signed away my ability to seek justice in case they mistreat him, kill him, or basically do whatever?

No, that is not what it means. Contracts are enforced based upon the understanding the parties had of the contract when they entered into. There is no way that the murder of your son or most other crimes is covered by this waiver. What you see here is a very common waiver of liability used in things like participation in sports where injuries happen and everyone participating in it knows the risks of participating in it.

You weren't forced to sign it. You had a choice. You could have tried to negotiate different terms for the agreement and if, as is likely, the University won't budge on that, then you have the choice to walk away and not have your son participate. In any contract situation you have to weigh the benefits against the potential known risks involved.

 

[army judge]

Is this thing enforceable? In particular, this is making me pause:

"[..] do hereby release, waive, discharge, and covenant not to sue The Regents of the University of California, its officers, employees, and agents from liability from any and all claims including the negligence of The Regents of the University of California, its officers, employees and agents, resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in The Activity [..]"

As others have said, you can sign the contract.
If you sign it, you are unable to squabble or quibble over the contract.

There are a few exceptions, however, as others have noted.

If you are worried about your child being injured or harmed as a result of her/his participation in the activities you can speak to several insurance agents about obtaining coverage should the child be harmed participating in the university sponsored activities.

If you still have doubts, misgivings, or worries; you're free to say NO.

You are the parent.

You have the ultimate say.

You, perhaps a spouse (if one exists) get to permit participation, or deny same.

You can also choose to cogitate over matters, in order to make THE decision you feel most comfortable with, while protecting your minor child.

After all, you rule supreme in these matters.

You rule, no one can take leave to appeal it.

You're the Supreme Court in all matters as the parent of any minor child(ren).