Release Form Not Enforceable Due to Lack of Clarity

Male severely injured in Habitat for Humanity bike race successfully sues organization for negligent conduct.

Church Law and Tax Report

Release Form Not Enforceable Due to Lack of Clarity

Male severely injured in Habitat for Humanity bike race successfully sues organization for negligent conduct.

Key point 10-16.6. A release form is a document signed by a competent adult that purports to relieve a church from liability for its own negligence. Such forms may be legally enforceable if they are clearly written and identify the conduct that is being released. However, the courts look with disfavor on release forms, and this has led to several limitations, including the following: (1) release forms will be strictly and narrowly construed against the church; (2) release forms cannot relieve a church of liability for injuries to minors, since minors have no legal capacity to sign such forms and their parents’ signature does not prevent minors from bringing their own personal injury claim after they reach age 18; (3) some courts refuse to enforce any release form that attempts to avoid liability for personal injuries on the ground that such forms violate public policy; and (4) release forms will not be enforced unless they clearly communicate that they are releasing the church from liability for its negligence.

A Connecticut court ruled that a “release form” signed by a participant in a charity-sponsored bicycle race was not legally enforceable. An adult male suffered catastrophic and life-altering injuries while participating in a cross-country bicycle trip sponsored by Habitat for Humanity (the “defendant”) to raise funds. His parents, as his legal guardians (the “plaintiffs”), sued the defendant, claiming that their son’s injuries were caused by its negligence in organizing and conducting the event.

The defendant organized, promoted, and sanctioned the annual fundraising cycling event, which required all participants to cycle across the entire country during a time period of approximately nine weeks. Despite having a history of injuries and deaths during prior events, the defendant made the decision to organize, promote, and sanction another event. The defendant was in control of the event and was responsible for taking the necessary precautions to provide for the safety needs of the bicycle riders. The defendant was responsible for selecting “trip leaders” with sufficient skill, maturity, knowledge, and training to appropriately and safely coordinate the event. The defendant was also responsible for properly evaluating prospective participants and for making sure that all participants had a sufficient skill level to safely participate.

The defendant scheduled the cyclists to ride 50 to 70 miles per day with only 1 day of rest out of 35 days of travel. On the day of the accident, the plaintiffs’ son was one of two cyclists riding at the rear of the group as monitors. A van normally travelled at the end of the group with its emergency blinkers flashing, but on the day of the accident, it was transporting a participant to a nearby hospital. When the plaintiffs’ son noticed that his partner was no longer behind him, he crossed the highway and was struck by a car, sustaining serious injuries.

The defendant asked the court to dismiss the lawsuit on the ground that the plaintiffs’ claims were “barred due to their son’s signing of a Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement,” which provided:

I agree, for myself, my heirs, executors and administrators, to not sue and to release, indemnify and hold harmless Habitat for Humanity of Greater New Haven, its affiliates, officers, directors, volunteers and employees and all sponsoring businesses and organizations and their agents and employees, from any and all liability, claims, demands and causes of action whatsoever, arising out of my participation in the Challenge and related activities—whether it results from the negligence of any of the above or from any other cause. I agree not to make a claim against or sue Habitat for Humanity or other sponsors or affiliated organizations for injuries or damages related to bicycling and/or other activities during the Challenge.

The court concluded that this release agreement was invalid on the basis of a lack of clarity, and public policy.

Lack of clarity

The court noted that “unless the intention of the parties is expressed in unmistakable language, an exculpatory clause will not be deemed to insulate a party from liability for his own negligent acts. It must appear plainly and precisely that the limitation of liability extends to negligence or other fault of the party attempting to shed his ordinary responsibility.”

The court also noted that “terms must be unambiguous as well as understandable. This does not imply that only simple or monosyllabic language can be used in such clauses. Rather, what the law demands is that such provisions be clear and coherent. The question is whether an ordinary person of reasonable intelligence would understand that, by signing the agreement, he or she was releasing the defendants from liability for their future negligence.”

In addition to being understandable, a release form must be conspicuous:

“Conspicuous,” with reference to a term, means so written, displayed or presented that a reasonable person against which it is to operate ought to have noticed it … . The court agrees with the plaintiffs that the agreement does not meet the level of clarity … . Here, the mere use of the word “negligence of any of the above,” within the text of a lengthy sentence consisting of multiple interrelated clauses, does not rise to the level of clarity required to enforce an exculpatory agreement against an individual. The language waiving the plaintiffs’ right to sue the defendant for the defendant’s negligence is not conspicuous, as no effort has been made to set the word negligence off from the rest of the text. Furthermore, the particular paragraph in which the provision appears is not set off by headings or any other marker from the remainder of the two-page agreement. The court concludes that a reasonable individual reading such an agreement would not be sufficiently informed that he or she is waiving the right to sue the defendant for its own negligent conduct. On the face of the agreement, it is insufficiently clear or explicit to be enforceable.

What This Means For Churches

A release form is a document signed by a competent adult that purports to relieve a church from liability for its negligence. The courts look with disfavor on release forms, and this has led to several limitations, including the following:

Release forms will be strictly and narrowly construed against the church.

Release forms will not be enforced if they are ambiguous.

Release forms cannot relieve a church of liability for injuries to minors, since minors have no legal capacity to sign such forms and their parents’ signature does not prevent minors from bringing their own personal injury claim after they reach age 18. However, churches should not allow a minor child to participate in any church activity (such as camping, boating, swimming, hiking, or some sporting events) unless the child’s parents or legal guardians sign a form that (1) consents to their child participating in the specified activity; (2) certifies that the child is able to participate in the event (e.g., if the activity involves boating or swimming, the parents or guardians should certify that the child is able to swim); (3) lists any allergies or medical conditions that may be relevant to a physician in the event of an emergency; (4) lists any activities that the parents or guardians do not want the child to engage in; and (5) authorizes a designated individual to make emergency medical decisions for their child in the event that they cannot be reached. Lewis v. Habitat for Humanity, 2012 WL 386391 (Conn. Super. 2013).

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.

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