Legal Question in Personal Injury in Maine
Release and Waiver
My city in Maine requires parents to sign a release and waiver form for children participating in their summer camp program. The release and waiver is as follows: (1) I agree to abide by all rules and regulations of the Recreation Department regarding the use of the facility or equipment or participation in the activity or program; and (2) I understand that the use of the facility or equipment in the activity or program may involve a risk of personal injury if I have a known or unknown medical condition or disease or if I use the facility or equipment improperly, and I knowingly and willing accept this risk as my sole responsibility; and (3) on behalf of myself, my heirs, executors, administrators and assigns, I hereby release, discharge and waive all rights of action against the City and its agents and employees which I or my heirs, successors or assigns have or might have by reason of any personal injury, death or property damage or loss resulting directly or indirectly from my use of the Recreation Department's facility or equipment or participation in an activity or program.
Would someone still be able to seek damages for negligence or gross negligence? Is it legal for the city to require this form for only this program?
1 Answer from Attorneys
Re: Release and Waiver
These release and waiver forms are very common. You should still be able to bring claims under some circumstances involving negligence, although there are some restrictions due to the immunities that the city has under the Maine Tort Claims Act. Thank you for your inquiry.
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