Do you need a waiver for minors? Parental consent, explained
Updated November 12, 2026
Short answer: A minor generally can't sign a binding waiver: contracts signed by minors are typically voidable, so a parent or legal guardian must sign on the minor's behalf. Even then, a parent waiving their child's right to sue is enforced in some states and rejected in others as against public policy, so the state you operate in matters. See every state’s rule.
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.
Waivers for minors, answered
Can a minor sign a liability waiver?
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, with the minor named.
Can a parent sign a liability waiver for their child?
A parent or legal guardian should always sign for anyone under 18, but how much that protects the business depends on the state. 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, so treat the waiver as one layer of protection alongside good safety practices and insurance.
Which states have a specific rule on a parent signing a waiver for a minor?
WaiverPad's state guides record a rule about minors for 7 of the 51 U.S. jurisdictions. Florida: For minors, a parent may waive a child's claims against a commercial activity provider only for the activity's inherent risks, not for the provider's negligence, and only if the waiver contains the capitalized notice required by Florida Statutes section 744.301(3). Iowa: A waiver a parent signs on a minor child's behalf, however, does not release the child's own injury claim. Kentucky: Vague or buried language tends to fail, so plain, prominent wording is essential here, and at a for-profit business a waiver a parent signs for a minor child is unenforceable. Michigan: A waiver a parent signs on behalf of a minor child is unenforceable in Michigan. New Jersey: New Jersey enforces a waiver of ordinary negligence but construes it narrowly, and it draws a firm line on minors: a parent generally cannot waive a child's own right to sue for negligence. Oregon: The release must disclose the risks of the activity, may be signed by an adult participant or by a parent or guardian on behalf of a minor, and governs claims arising on or after the effective date even if it was signed earlier. Utah: A parent generally cannot waive a minor child's own claims, except for equine and livestock activities where a statute allows it, and a ski resort cannot enforce a release of its own negligence because of Utah's ski statute. For the other states the guides record no minors-specific rule, which does not mean a parent-signed waiver is enforced there; confirm with an attorney in your state.
Where can I get a waiver a parent can sign for a child?
Each of WaiverPad's 185 waivers ($5 to $10 each) is signed by an adult participant or by the parent or legal guardian of a minor participant. The catalogue has 4 forms written for under-18s specifically: Field Trip Permission & Liability Release ($7), Kids Birthday Party Waiver ($5), Minor Piercing Consent & Parental Authorization ($7), and Minor Tattoo Consent & Parental Authorization ($7). With online signing, the signer ticks that they are signing as a parent or guardian and adds each child's name; the names are printed on the signed waiver and recorded in the audit page. For Florida fitness, recreation, water sports, events and classes, and youth and community waivers, the PDF also prints the capitalized parent notice from Florida Statutes section 744.301(3) above the signature. Online signing is free for up to 10 signed waivers a month.
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