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Is a Babysitter Who Signs the Release for a Child a “Legal Guardian”?
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Equine facilities nationwide have encountered the problem of busy parents who allow babysitters, non-parental relatives, or family friends to drive their children for riding lessons.  Can a babysitter, relative, or family friend sign a liability release on behalf of the child?

Legally, no.  Why?

  • Courts nationwide cannot agree on whether a child’s parents can effectively release away a child’s right to sue.  If some states are unwilling to allow even a parent to release a child’s right to sue for negligence or other liabilities, don’t expect courts to allow someone with a lesser familial relationship to accomplish the same thing.
  • Babysitters, family friends, and non-parental relatives are insufficiently close to a child, in the eyes of the law, to contract on that child’s behalf.  An exception might exist if the child is under a legal guardianship.
  • “Legal guardians” are typically people who have been granted by a court of law legal authority to care for another person (the other person, such as a child or a person under some form of legal incapacity or disability, is called a “legal ward”). A mere friend of the family — without receiving a “guardian” designation from a court of proper jurisdiction or in a legally proper way — does not qualify.

Conclusion

Where allowed by law, have a valid liability release on file applicable to the child.  And, where allowed by law, require all visitors who enter your facility’s premises to have a properly worded release of liability on file.

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