Is a pre-incident release of liability signed by a parent on behalf of their minor child enforceable in Florida if the child later becomes injured during the activity?
The answer to that question, whether a parent can sign a release on behalf of their minor child and have that a release or waiver be enforceable depends. There’s a statute in the state of Florida that requires that the release contains certain information and that certain information appear in bold type, all capital letters within the release form. Also, the parent can only release the activity provider for those risks, which are inherent in the activity. For example, horseback riding and the horse bolts and the child falls or is stepped on. That’s a risk inherent in the activity and hence, yes, a release would be enforceable as to that. However, if the instructor pairs your child with a horse that is more complicated than your child can handle, more advanced in your child can handle, then no, that were least would be ineffective to bar your claim.