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Can a minor child sign a liability waiver in California? Yes, as long as a parent or legal guardian also signs. In California, a parent can also sign a liability waiver on his or her child's behalf. This makes California different from many other states.
In California, a liability waiver must be clear, unambiguous, and explicit. In other words, waivers cannot be printed in faded ink, in small font, on the back of a paper, or in an otherwise ambiguous form. If the waiver that you sign is not represented clearly, it may not hold up in the event of a lawsuit.
Minor Waiver. RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNTIY AGREEMENT BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
Essentially, a waiver removes a real or potential liability for the other party in the agreement. For example, in a settlement between two parties, one party might, by means of a waiver, relinquish its right to pursue any further legal action once the settlement is finalized.
The minor's name should be printed after their parent or guardian's signature followed by the word minor. For example, if the parent or guardian's name is John Doe and the minor's name is Jane Doe, an acceptable signature would read: John Doe for Jane Doe (minor).
Waiver of Parental permission is permitted under 45 CFR 46.408(c) when it is not a reasonable requirement to protect subjects. This waiver is usually but not always limited to minimal risk research, such as surveys, interviews or focus groups.