Should not be frightening since it should not be surprising. I am not
familiar with laws everywhere, but in most cases a waiver is void as against
public policy if it attempts to waive liability for someone's negligence.
This is applicable to both Kids and adults.

That being said, just because the waiver does not waive this it is still
important because courts understand what is involved in "Contact Sports" and
it shows participants knowingly engage in the risks.

So, your three lines of defense should still be.
1. Liability waiver, covenant not to sue, photo release
2. Insurance
3. Incorporate the school keeping few assets in the corporation so that it
is basically "Judgement Proof" and if needed can be allowed to die while
you put a new one in it's place.


In a message dated 10/11/2009 2:16:03 P.M. Central Daylight Time,
tgordon@... writes:




As a martial art school owner, this is absolutely frightening. Please note
this is in Canada:

Thomas Gordon

Master's Seminars April 16-18, 2010

www.GordonMartialArwww.GordonMa

__________________

_http://www.theprovihttp://www.thephttp://www.thehttp://www.thttp://www.http
:_
(http://www.theprovince.com/sports/Parents+waive+child+right+negligence+Judgm)
ent/2091198/ent/2091198/<WB

Parents can't waive child's right to sue for negligence: Judgment

By Katie Mercer, The ProvinceOctober 9, 2009

Parents have no right to waive their children's right to sue, according to
a
B.C. Supreme Court decision this week.

Victor Wong was 12 years old when his mother signed a liability waiver to
enroll him in a Hapkido school, a Korean martial art.

Wong was 16 when he was allegedly violently thrown to the ground during a
sparring match. At 20, he still suffers from his injuries.

Wong is suing Michael Lok, the owner of Lok's Martial Arts Centre in
Richmond, and his sparring partner for negligence.

He argues that Lok failed to provide preventative measures to screen
participants, instruct them, require protective gear and supervise matches.

However, Lok argues that the claim should be dismissed as Wong's mother
signed a waiver protecting him from litigation.

B.C. Justice Peter Willcock disagreed, ruling that, under the Infants Act
of
B.C., a parent can not waive their child's rights to sue for negligence.

"The Act does not permit a parent or guardian to bind an infant to an
agreement waiving the infant's right to bring an action in damages in
tort,"
Willcock found in his decision.

The case is scheduled to proceed in November.

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