Release and Waiver

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animallover1998

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My city in Maine provides a summer camp through the Recreation Department. This year they require that a release and waiver form be signed by parents or guardians of the participating children.

The contents of the release and waiver form are: (1) I agree to abide by all rules and regulations of the Recreation Department regarding the use of the facility or equipment or participation in the activity or program; and (2) I understand that the use of the facility or equipment in the activity or program may involve a risk of personal injury if I have a known or unknown medical condition or disease or if I use the facility or equipment improperly, and I knowingly and willing accept this risk as my sole responsibility; and (3) on behalf of myself, my heirs, executors, administrators and assigns, I hereby release, discharge and waive all rights of action against the City and its agents and employees which I or my heirs, successors or assigns have or might have by reason of any personal injury, death or property damage or loss resulting directly or indirectly from my use of the Recreation Department's facility or equipment or participation in an activity or program.

My questions are as follows:

1. Is it legal for the city to require this release and waiver form only for the summer camp program and no other program they offer or any other recreation in their facility?

2. How binding is this release and waiver if they are negligent or grossly negligent? Would I still be able to seek damages if they are negligent or grossly negligent?
 
1. Is it legal for the city to require this release and waiver form only for the summer camp program and no other program they offer or any other recreation in their facility?

A: Yes; it's a good idea to have these. It won't stop anyone from suing, however.


2. How binding is this release and waiver if they are negligent or grossly negligent? Would I still be able to seek damages if they are negligent or grossly negligent?

A: If you think they are going to be negligent, then keep your kid at home. Anyone can sue anyone else for anything at any time anywhere.
 
Thank you for your response. My daughter has multiple disabilities. She has participated in this program for four years, and it helps her with all her disabilities. I just really wanted her to have the experience again without having to worry about incurring expenses I cannot afford should something that was avoidable happen to her at camp.
 
If you are talking about riding horses, then I highly recommend it.
 
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