Consent to Overprotection

Someone gave us a subscription to Reader’s Digest for Christmas
and it has become our preferred household bathroom reading. An article
in the current issue is “Dad Overboard – confessions of a (way too)
protective parent” by Steve Doocy. The father writing the amusing article
is concerned that he was too protective raising his young son because the boy
was denied toy guns, swimming without a flotation device, and whole grapes
(a choking hazard).

I know many more parents who are overprotective than parents who
are inattentive. One of the causes of parental fear
and overprotectiveness may be the number of release forms we have to
sign listing the dire risks potentially associated with relatively safe
activies like field trips and school sports.

I was interested to read that in 2005 the Wisconsin Supreme Court
would not enforce an athletic center’s waiver: “…holding the release unenforceable because it was against public policy. The Court cited the following reasons for its decision: 1) the release was overbroad and all-inclusive; 2) the guest’s waiver of liability was insufficiently highlighted; and 3) the guest did not have the opportunity to bargain over the terms of the release. … The Court held that affording the customer the option of either signing the release or not using the facility is not considered a sufficient opportunity to ‘bargain’.”
(quote from
“Atkins v. Swimwest Family Fitness Center, 2005 WI 4: Wisconsin Supreme Court Decision).

When my kid comes home with a release form I have to sign before she
can participate in a field trip the whole class is attending or
in a PE class, I sure don’t feel I have any right to bargain with the
school about the release terms. Hence, I doubt the forms are enforceable.
However, even parents with excellent English reading comprehension and
doubts about the legal validity of these ubiquitous release forms get
worried signing them. I can only imagine how American consent forms
trouble new immigrant parents.

Here are two examples of the dozen or so release forms I have to
sign each year for each of my kids:

Schoolname Athletics

Assumption of Risk Form

Student Name: _____________________________

In consideration of being allowed to participate in any way in the athletic program, and events and activities, the undersigned hereby agree to the following conditions.

1. I acknowledge and fully understand the each participant will be engaging in activities which involve risk of injury. The injury could be serious or catastrophic including permanent disability.
2. I assume all the foregoing risks and accept personal responsibility for damages following such injury, permanent disability, or death. If it is determined that my child needs medical or dental treatment while participating in athletics, I will be financially responsible for any treatment determined to be necessary by a physician, dentist, athletic trainer, emergency medical personnel, or any other medical personnel.
3. I grant permission for the school’s sports medicine staff to care for and provide appropriate medical treatment for my child in the event of his/her injury.
4. I Accept and acknowledge schoolname Athletic Code of Conduct.

__________________________________ Date _____________

Parent Guardian Signature

_________________________________ Date _____________

Student Signature

Parent’s Consent To Travel And Attend Field Trips In The State Of
California

This consent is given with reference to the following facts:

A. The undersigned is/are the father and/or mother of ___________________________________________, a minor child
who is a resident of the city of _________________________________________________,
located in _______________________________________________ , __________________________________________.
County or Province State/Country

B. Said minor child is to be enrolled in schoolname during the 2007 summer school.

C. The schoolname is a private school consisting of elementary and secondary grades.

D. It is understood and agreed between me/us and the agents and employees of schoolname that schoolname will engage in educational activities outside schoolname locations at schooladdress California. More specifically, it is contemplated that the administration,
teachers and staff of schoolname will conduct field trips to state and national parks, museums, universities, sporting events, plays and other entertainment activities. It is also contemplated that staff may on occasion be called upon to transport a child to an off-campus appointment or activity.

NOW, THEREFORE, I/We give my/our consent to schoolname to engage in the above described activities that the teachers or administration of schoolname feel will promote the education of my child.

FURTHER, I represent as follows:

1. I/We have legal and physical custody of said minor child and am/are, therefore, competent under the laws of the State of California to sign this agreement.
2. I/We acknowledge the fact that the staff members may be unable to watch each child at all times on field trips. In addition, I/we realize and specifically acknowledge there always exists the possibility of an unforeseen accident causing harm to my/our minor child.
   Nevertheless, I/we grant permission for my/our minor child to participate in the activities described above.

3. In addition, I/we hereby release and agree to hold harmless schoolname as well as its agents, servants, employees,
   successors and assigns any and all claims my/our minor child may have against them for injuries and/or damages suffered by my/our minor child and/or his/her property while participating on said trips.

4. I/We also hereby agree to indemnify and hold harmless schoolname and its agents, servants, employees, successors and assigns from any liability to third persons caused by the activities of my/our minor child while participating
   on said trips.

5. This agreement is to be interpreted under the laws of the State of California, United States of America.

Signature of parent/guardian

Date