Has anyone put some serious consideration or effort into a waiver for parents who want their children to participate in municipal sports this Summer, ie: football, soccer, basketball? Thank you. -- Julia P. Copeland *PLEASE NOTE OUR NEW ADDRESS* Hinchey Murray & Pagliarini, LLC 56 Folly Road Blvd. Charleston, SC 29407 843-577-7455

Good afternoon, There has been a lot of discussion on our calls and on the list about the enforceability of these releases. I found the attached article published in the Tennessee Journal of Law and Policy which discusses the enforcement of pre-injury liability waivers executed by parents on behalf of minors. This is an area that will vary widely by state and not every state is discussed in the article, but it does go over quite a few cases in various states, which you may find helpful. The article was prepared by attorneys who had a case involving the question of the enforceability of these waivers pending before an appeals court in Tennessee. Since then, the Tennessee court rendered its decision in that case, upholding its prior ruling that parental waivers of pre-injury liability are unenforceable in Tennessee. See Blackwell ex rel. Blackwell v. Sky High Sports Nashville Operations, LLC, 523 S.W.3d 624, 644 (Tenn. Ct. App. 2017). The Blackwell decision is also attached and it does a good job of summarizing the law in this area as well, noting that by its count, nine jurisdictions have enforced pre-injury waivers of liability executed by parents on behalf of their children, while fourteen, according to the court, have not. See Id. at 640-46. Obviously, anyone reviewing these cases should make sure they are still good law in their state. Unfortunately, South Carolina is not mentioned in these materials. These cases only deal with the enforceability of waivers executed by parents of minors and are not in the context of a public health crisis, but would presumably form the basis of the law in the states discussed in the Blackwell case and the Law Journal article. Hopefully this is helpful. I’ll see if anything turns up for South Carolina. Amanda [photo] Amanda Kellar Deputy General Counsel / Director of Legal Advocacy International Municipal Lawyers Association, Inc. A 51 Monroe St., Suite 404, Rockville, MD, 20850 [cid:image003.jpg@01D62ABB.4B3E18A0]<http://www.facebook.com/IMLA-259977855541/> [cid:image004.jpg@01D62ABB.4B3E18A0] <http://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [cid:image005.jpg@01D62ABB.4B3E18A0] <http://twitter.com/imlalegal> [cid:image006.jpg@01D62ABB.4B3E18A0] <http://soundcloud.com/internationalmunicipallawyersassociation> P (202) 466-5424 ext. 7116 W www.imla.org<http://www.imla.org/> Plan Ahead! IMLA’s 85th Annual Conference<http://imla.org/events/conferences>, September 23-27 in La Quinta, CA! IMLA’s 2021 Mid-Year Seminar<https://imla.org/events/seminars>, April 23-26, 2021 in Washington, DC! From: Disasterrelief <disasterrelief-bounces@lists.imla.org> On Behalf Of Julia Copeland Sent: Friday, May 15, 2020 11:42 AM To: Disasterrelief@lists.imla.org Subject: [Disasterrelief] Waivers for child's sports teams Has anyone put some serious consideration or effort into a waiver for parents who want their children to participate in municipal sports this Summer, ie: football, soccer, basketball? Thank you. -- Julia P. Copeland PLEASE NOTE OUR NEW ADDRESS Hinchey Murray & Pagliarini, LLC 56 Folly Road Blvd. Charleston, SC 29407 843-577-7455