Section 09.65.292. Parental waiver of child's negligence claim against provider of sports or recreational activity.

   (a) Except as provided in (b) of this section, a parent may, on behalf of the parent's child, release or waive the child's prospective claim for negligence against the provider of a sports or recreational activity in which the child participates to the extent that the activities to which the waiver applies are clearly and conspicuously set out in the written waiver and to the extent the waiver is otherwise valid. The release or waiver must be in writing and shall be signed by the child's parent.
   (b) A parent may not release or waive a child's prospective claim against a provider of a sports or recreational activity for reckless or intentional misconduct.
   (c) In this section,
        (1) "child" means a minor who is not emancipated;
        (2) "parent" means
             (A) the child's natural or adoptive parent;
             (B) the child's guardian or other person appointed by the court to act on behalf of the child;
             (C) a representative of the Department of Health and Social Services if the child is in the legal custody of the state;
             (D) a person who has a valid power of attorney concerning the child; or
             (E) for a child not living with the child's natural or adoptive parent, the child's grandparent, aunt, uncle, sister, or brother who has reached the age of majority and with whom the child lives;
        (3) "provider" has the meaning given in AS 09.65.290;
        (4) "sports or recreational activity" has the meaning given in AS 09.65.290.

Notes

History

(Sec. 2 ch 67 SLA 2004)