Q: Field Trip permission slip that includes Indemnity Waiver and Release of liability
I received a field trip permission slip for my child to attend an On-Campus field trip. The school is a public school charter school in Houston, TX. The trip is for Houston Museum of Natural Science Dome to visit the school campus. I was a little taken back when I was asked to sign an Indemnity Waiver and Release of Liability Agreement that includes language of "Including the Negligence of the Protected Parties or not, to the fullest extent permitted by law." Then another statement "Recognizing the school possess immunity from liability under Texas Law" and anther statement stating " I understand what I am signing and that it is legally binding" My question is should parents be signing something like this? Is it proper for a school to provide these waiver in the form of a permission slip? I understand the liability but what about the child's safety. It seems like the only interest the school has is in it's liability and not the child's safety.
A: A Texas attorney could advise best, but your question remains open for a week. Unfortunately, such agreements have become more commonplace. They can be binding (I'm not saying yours is or is not) - they usually have to meet certain protocols under state law. These are similar but not identical across the U.S. Such waivers can also be challenged sometimes under certain circumstances. Good luck
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