Do you need a waiver for minors? Parental consent, explained

If your business serves anyone under 18 — a trampoline park, a gymnastics class, a kids’ birthday venue — waivers get more complicated. Here is the practical version.

A minor generally can’t sign away their own rights

Contracts signed by minors are typically voidable, so a waiver signed by a 15-year-old usually offers little protection. That’s why a parent or legal guardian must sign on the minor’s behalf.

Even parent-signed waivers are treated unevenly

Here’s the part that surprises owners: a parent waiving their child’s right to sue is enforced in some states and rejected in others as against public policy. Many states are more willing to enforce the parent’s waiver of the parent’s own claims (like medical costs) than a waiver of the child’s claims. Because this varies so much by state, the specific jurisdiction is critical.

What businesses serving minors should do

Always have the parent or legal guardian sign, with the minor named. Use a document that includes proper minor/guardian language and an indemnification clause. Keep signed copies. And because enforceability against a child’s claims is genuinely uncertain in many states, treat the waiver as one layer of protection alongside good safety practices and insurance — not a substitute for them.

This is general information, not legal advice; rules for minors are especially state-specific, so confirm with an attorney in your state.