The Truth About Waivers
OK, you've listened to your lawyer. You've incorporated, you're paying a fortune for insurance, and now you're looking at a form that you are going to ask all your students and their parents to sign. You know you're trying to protect yourself from liability, but exactly what does that mean? And what does the "waiver" actually do besides annoy the customer?
By offering services to the public, you are "representing" that you provide a certain level of quality and safety. If you fail to provide that level, you may be held financially responsible ("liable") for any consequences attributable to such failure. In the case of dance instruction, for example, a provider should be expected to maintain a safe environment. A dancer who can show that she was injured from a slip on a slick floor can, and should, seek compensation. The studio failed in its obligation to provide a safe surface for dancing. On the other hand, if the studio can show it was not responsible for the injury, that the dancer slipped because of her own carelessness and not because of condition of the floor, the studio may avoid "liability" for the injury.
Translating from legalese, liability means financial responsibility.
The path from injury to financial compensation is not direct nor is it certain. Over centuries, a complex body of law ("torts" or civil, as opposed to criminal, wrongs) has evolved around liability for personal injury, which includes injury to property as well. For the injured party, the issue is to establish a causal connection between the injury and the act or failure to act by the allegedly responsible party. And for the business owner, the issue is self-protection. The service provider must be able to "defend" or deny responsibility ("liability"): even if there was an injury, and even if the injury occurred on my premises, and even if it was caused by something I did or didn't do.
The waiver is a defense created by tort law. It is an advance agreement dealing with the possibility of injury to the person or loss or damage to property. Every dance school or studio should require a waiver from every student, or parent or guardian of minor students, and faculty and staff, without exception.
The waiver should say that the studio is not responsible for personal injuries or loss or damage to personal property. That's all it should say. Waivers can sometimes say too much, and scare the student (or more likely the adult who will sign it!). Phrases like "it is understood that the activity involves significant risk" or "at your own risk" serve little evidentiary purpose in the event of a lawsuit, but may establish an unnecessary suspicious or hostile relationship between the student and the studio.
The waiver is not an absolute defense.
Don't expect to hide behind a waiver that says the student gives up his right to sue you. The waiver doesn't absolve you from responsibility to provide appropriate facilities and adequate supervision. The waiver will not protect you against a claim of extreme negligence, even though the injured party, who presumably signed the waiver, will have the burden of proof. Don't rely on a recital that the student takes class at "his own risk".
Require a medical examination and report, or at least consent by a doctor, for each student. Consider a similar requirement for faculty members as well. Have medical care available in case of emergencies. Protect your students and faculty by creating safe and secure premises and maintaining the highest standards for teaching and coaching. Which is also your best protection against liability.