Consumer Law, Warranties Hold Harmless Agreements

[tnmom467]

Are hold harmless agreements binding? We live in TN and have enrolled our child for summer camp at Drake University in Iowa. The corporation running the camp is based in California so I don't know who has jurisdiction. The camp says I can not send my child if we don't sign the hold harmless agreement, which clears them of any legal action should my child be injured, even in cases of negligence. The problem is that they also say that the camp fee is non-refundable (it has been paid in full) if my child does not attend. Is this legal?

 

[Michael Wechsler]

There are always questions as to whether these agreements are enforceable. Having a non-refundable fee is enforceable. Whether they can force you to waive negligence against personal injury to your child is a whole other ball game and it can vary. From my understanding, general negligence can be waived but not gross negligence - a higher degree of negligence and probably just below what you would call "reckless." Almost all camps have these waivers and it's not unusual even though it's a bit nerve wracking. You should ensure they have insurance and that it's a reputable camp - liability doesn't really matter as much after the fact when dealing with your children. Best of luck and hope it works out.