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LAW REVIEW continued from page 24

treatment, and religious education. " (The
statute defines a " child " as " a person under
eighteen years of age. " ) Within the context
of the statute, a " parent " would also include
a legal guardian or any person with legal
custody or responsibility for a child as defined in state law.)
While the statute authorizes a parent
to release or waive a prospective claim for
ordinary negligence on behalf of a child,

C.R.S. § 13-22-107 would not " permit a parent acting on behalf of his or her child to
waive the child's prospective claim against
a person or entity for a willful and wanton
act or omission, a reckless act or omission,
or a grossly negligent act or omission. "
Alaska Statute
Alaska has enacted a similar state law
(Alaska Stat. § 09.65.292) which authorizes

a " Parental waiver of child's negligence
claim against provider of sports or recreational activity " as follows:
a parent may, on behalf of the parent's child, release or waive the child's
prospective claim for negligence
against the provider of a sports or recreational activity in which the child
participates to the extent that the activities to which the waiver applies
are clearly and conspicuously set out
in the written waiver and to the extent the waiver is otherwise valid.

Alaska Stat. § 09.65.292 applies " to acts
or omissions that occur on or after September 14, 2004. " The release or waiver must be
in writing and shall be signed by the child's
parent. Similar to the willful/wanton misconduct exception in the Colorado statute
described above, Alaska Stat. § 09.65.292
states a parent " may not release or waive a
child's prospective claim against a provider
of a sports or recreational activity for reckless or intentional misconduct. "
Within the context of Alaska Stat. §
09.65.292, a " sports or recreational activity " is " a commonly understood sporting
activity, whether undertaken with or without permission, " such as " baseball, softball,
football, soccer, basketball, hockey, bungee
jumping, parasailing, bicycling, hiking,
swimming, and skateboarding. "

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26	 Parks & Recreation

November 2009

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Modern Trend?
While acknowledging that it " represents
a minority view, " the California supreme
court, in the case of City of Santa Barbara
v. Superior Court, 41 Cal. 4th 747; 161 P.3d
1095; 62 Cal. Rptr. 3d 527 (7/16/2007), noted
that " courts in California and a few other
states have enforced agreements, signed
by parents, releasing liability for future
ordinary negligence committed against
minor children in recreational and related
settings. " For example, in the case of Zivich v. Mentor Soccer Club, 82 Ohio St. 3d
367; 696 N.E.2d 201 (Ohio 6/29/1998), the
Ohio state supreme court held that " parents
have the authority to bind their minor children to exculpatory agreements in favor of
volunteers and sponsors of nonprofit sport
activities where the cause of action sounds
in negligence. "
Similarly, in the case of Sharon v. City
November 2009 - Parks & Recreation

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