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Virgina prospective liability Waivers

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Forum Name: A.D.
Forum Discription: This forum is for Athletic Directors to discuss issues involving running a Heavy Events competition.
URL: http://www.nasgaweb.com/forum/forum_posts.asp?TID=17449
Printed Date: 3/28/24 at 10:52pm
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Topic: Virgina prospective liability Waivers
Posted By: McSanta
Subject: Virgina prospective liability Waivers
Date Posted: 9/29/16 at 4:52am
Well digging around the web on liability issues related to bounce houses, I came across a tid bit in legal blog.

First thing I learned was the name of the waiver we have throwers sign ( prospective liability waiver) and the second was that they are meaningless in Virgina.

I am sure festival liability insurance factors all this in to price. I throw this out here just in case and for informational purposes.

From the blog:

Although prospective liability waivers have been upheld in other states, it is important to know that prospective liability waivers are not enforceable in Virginia. The Supreme Court of Virginia has consistently declared that these types of liability waivers are invalid because they are contrary to public policy. [3] Therefore, although parents may be required to sign them in order for their children to play on the bouncer, children and their parents are not prohibited from filing a lawsuit for bounce house-related injuries. - See more at: http://www.allenandallen.com/blog/dangers-of-bounce-houses.html#sthash.5OOQqgib.dpuf

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Mark McVey

"The work of science is to substitute facts for appearances and demonstrations for impressions." -John Ruskin



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