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Why Signing a Waiver Doesn’t Always Waive a Child’s Right to Sue

For many parents, signing a waiver is a standard part of registering their child for summer camps, sports programs, or recreational activities. These documents often contain intimidating language about injuries, risks, and liability, leading many to believe that signing one means forfeiting the right to take legal action if something goes wrong. However, in Alberta, the law offers important protections for minors that parents may not be aware of.

Under Alberta law, adults can choose to waive their own rights to sue for negligence. However, this legal authority generally does not extend to waiving a child’s rights. If a child is injured due to the negligence of an organization or staff member—such as inadequate supervision, unsafe equipment, or failure to follow safety protocols—a legal claim can still be pursued, regardless of whether a waiver was signed.

This does not mean that waiver forms are without consequence. In many cases, they may be presented in court to demonstrate that a parent understood the risks involved and agreed to proceed. Some forms also include clauses that attempt to shift liability back onto the parent, such as “parental indemnity agreements.” These clauses suggest that if the organization is successfully sued, the parent may be held financially responsible. Fortunately, Alberta’s Minors' Property Act renders these types of provisions void, but the presence of such language can still complicate the legal process.

It is important for parents to understand that signing a waiver does not necessarily prevent a successful claim. Misunderstanding the impact of these documents may stop some families from reaching out to a lawyer when they should. Early legal advice can help clarify the strength of a potential claim and ensure that no important legal rights are overlooked.

At Weir Bowen LLP, we regularly assist families with personal injury claims involving children. Our team can review the circumstances of the incident, assess the enforceability of any waivers or agreements, and provide clear guidance on the best course of action. If your child has been injured
during an organized activity, we encourage you to contact us for a consultation.

Unsure of your legal options after your child’s injury? Contact Weir Bowen LLP at 780-424-2030 to connect or fill out our intake form. We’re here to help you take the right next step.

Posted on July 17, 2025

The contents of this post are for general information only, and should not be construed as legal advice.
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The lands on which Edmonton sits and the North Saskatchewan River that runs through it have been the sites of natural abundance, ceremony and culture, travel and rest, relationship building, making, and trading for Indigenous peoples since time immemorial. Edmonton is located within Treaty 6 Territory and within the Metis homelands and Metis Nation of Alberta Region 4. We acknowledge this land as the traditional territories of many First Nations such as the Nehiyaw (Cree), Denesuline (Dene), Nakota Sioux (Stoney), Anishinaabe (Saulteaux) and Niitsitapi (Blackfoot).

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