A school district seeks your advice regarding its waiver form.

A school district seeks your advice regarding its waiver form. All of the student-athletes are minors.

Based on your knowledge of the law regarding minors and waivers, would you recommend that a waiver form be used? Of what use is a parental signature – can parents release their minors’ claims in most jurisdictions? Regardless of the minority issue, what are the public policy issues that may arise when an educational institution attempts to use a waiver form? Use the Wagenblast decision as a guide in answering this last point.

2.In regard to the Kyriazis v. West Virginia University decision, do you agree with the court’s view that the provision of recreational activities to students is a part of a university’s mission? That case dealt with “club” sport. How would you extend the rationale to intramural sport? In which case does the argument of an extension of “educational mission” make more sense?

3. What is your opinion on giving up your right to sue before you actually have it? Until you have sustained injury or received a wrongdoing, your right to call “foul” is not yet present; as such, do you feel it is legally acceptable to give up that right prior to having it and/or fully understanding the nature or extent of foregoing those rights? How does this relate to the issue with the enforceability of waivers?