In order to ensure that we are not held liable for any injuries incurred during play in a fundraiser, what do I need to state and have signed by players?

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In order to ensure that we are not held liable for any injuries incurred during play in a fundraiser, what do I need to state and have signed by players?

I am the President of a community non-profit youth wrestling club. We are looking to do a fundraiser that is a kickball tournament. Is it different if the player is under the age of 18?

Asked on May 22, 2013 under Personal Injury, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There is no way to completely protect yourself from liability: even with waivers of liability (agreements by participants to not sue), you could be sued if you are "grossly" negligent, which means reckless or more than ordinarily careless. However, you can protect yourself from suits arising from orginary negligence/careless, or from the sorts of injuries that could occur in any sporting event even without carelessness, by having participants sign a waiver that they acknowledge that all sporting activities, including kickball, have certain risks, and they acknowledge and accept those risks and agree to give up or waive any/all causes of action or claims arising out of their participation. For under 18 participants, it's parent or legal guaradian who has to sign.


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