The Hidden Risk in Kids’ Programs
A properly drafted kids waiver for gyms is one of the most important documents you need if you run youth fitness programs, camps, or classes – and it’s not the same as the waiver you use for adults.
The truth is, a kids waiver for gyms cannot simply be a copy of your adult waiver with a parent’s signature. Many states limit a parent’s ability to waive a minor’s right to sue, meaning your waiver might not hold up in court. Without a state-specific child waiver, one accident could unravel everything you’ve built.
Why Kids Programs Require Different Waivers
Children aren’t treated the same as adults under the law. Here’s why:
- Minors can’t sign contracts. Kids under 18 generally cannot legally agree to terms.
- Parents can’t always waive a child’s rights. In many states, courts refuse to enforce waivers signed by parents on behalf of minors.
- Future lawsuits are possible. A child may be able to file a lawsuit once they turn 18, even if their parent signed a waiver years earlier.
This creates what we call a legal gap: gyms think they’re protected, but in reality, their waiver may not be enforceable.
The Difference Between Adult and Child Waivers
Adult Waivers
- Signed directly by the participant.
- Acknowledges risks, assumes responsibility, and waives the right to sue.
- Generally enforceable if drafted correctly and state-specific.
Child Waivers
- Signed by a parent or guardian.
- Needs to do more than just mimic the adult waiver.
- Must explicitly:
- Waive the parent’s own right to sue.
- Require the parent to indemnify the gym against claims.
- Acknowledge the risks of youth-specific activities.
Without these elements, your “kids waiver” is little more than paper—and courts may toss it out.
Real-World Examples of Liability
- Tumbling and Trampoline Gyms
A child breaks a bone on the trampoline. The parent signed a generic adult waiver with the child’s name added. In court, the waiver may not hold up—especially if the state doesn’t allow parents to waive minors’ rights. - CrossFit Kids Programs
A minor develops an overuse injury from lifting. Years later, when the child turns 18, they may bring a claim. If your waiver wasn’t drafted with that scenario in mind, you’re left exposed. - Summer Camps
A parent sues on behalf of their child after an accident, even though they signed a waiver. If your waiver doesn’t include parent indemnification language, you may face huge legal bills.
Why State-Specific Waivers Matter
Every state has its own rules about enforceability. For example:
- Some states allow parental waivers with certain conditions.
- Others reject them outright.
- Courts often scrutinize the clarity and scope of waiver language.
That’s why a one-size-fits-all waiver downloaded online is a recipe for disaster. A waiver enforceable in Texas may be worthless in California.
Closing the Legal Gap
So how do you protect your gym when running kids’ programs?
- Use Separate Waivers
Adult participants sign their own waiver. Parents sign a carefully drafted child waiver for minors. - Include Parent Indemnification
Make parents legally responsible for defending and covering costs if they or their child bring a claim. - Spell Out Risks Clearly
Acknowledge the specific risks of youth activities—tumbling, spotting, trampolines, heavy lifting, etc. - Work With a Gym-Specific Attorney
Waivers should never be copied from Google. A gym attorney can draft enforceable, state-specific documents tailored to your programs.
Self-Check: Is Your Gym Protected?
- Do you use the same waiver for adults and kids?
- Does your kids waiver include indemnification language?
- Is your waiver tailored to your state’s laws?
- Are you prepared for the possibility of lawsuits when a child turns 18?
If you answered “no” to any of these, your gym is carrying unnecessary liability.
When to Update Your Waivers
- You’re launching a kids’ program or camp.
- You’re expanding into new states.
- It’s been more than 12 months since your waiver was reviewed.
- You’ve recently had a close call or incident.
Remember: waivers aren’t one-and-done documents. They need ongoing review as your business, services, and state laws evolve.
Protect the Future of Your Gym
Kids programs can be the heartbeat of your gym – bringing in new families, growing memberships, and strengthening your community. But they also open the door to unique liability risks.
By using separate, state-specific kids waivers for gyms, you can close the legal gap, protect your assets, and continue building your business with confidence.
Don’t let a missing piece of paper put your entire gym empire at risk.
Need a state-specific kids waiver for your gym? Schedule a consultation today.
