Can a parent sign a waiver for a child?

A parent brings a child to an event, a class or a tour. The business hands over a waiver. The parent signs it for both of them. Will it protect the business if the child is hurt?

There is no single answer for the whole country. This guide shows two things that are easy to check: what some statutes say, and how to collect a signature in a way that gives the document its best chance. It does not cover every state, and it does not summarize court opinions.

Why is a waiver for a child treated differently?

A waiver for a child asks one person to give up a claim that belongs to someone else. States disagree on whether a parent may do that, for which activities and on what terms. Some have written the answer into a statute. Others may leave it to courts, which means the rule may sit in case law rather than in the code.

What does Florida's statute say?

Florida Statutes section 744.301(3) says natural guardians are authorized, on behalf of their minor children, to waive and release in advance any claim against a commercial activity provider for personal injury, including death, and property damage resulting from an inherent risk in the activity. The same subsection defines "inherent risk."

It also sets a drafting rule. To be enforceable, the release must include a specific notice to the child's natural guardian in uppercase type at least 5 points larger than the rest of the text. The notice tells the guardian to "READ THIS FORM COMPLETELY AND CAREFULLY." Subsection (1) says the parents jointly are the natural guardians of their children, unless parental rights are terminated.

Do some states limit waivers for everyone?

Yes. Louisiana Civil Code article 2004 says any clause is null that, in advance, excludes or limits the liability of one party for intentional or gross fault that causes damage to the other party. It also says any clause is null that, in advance, excludes or limits the liability of one party for causing physical injury to the other party. That rule is not about children, but it shows how a state can set limits no signature can lift.

Who counts as a parent or guardian?

Florida's text uses the term "natural guardians," and says the parents jointly are the natural guardians of their own and adopted children. A grandparent, aunt, coach, babysitter or friend is not on that list just by bringing the child. If another adult signs, find out whether your state treats them as a legal guardian. Ask a lawyer before you rely on it.

How should a front desk ask a guardian to sign?

These steps are good practice, not a legal requirement, and they help in every state:

• Ask the adult to sign for themselves as well, in their own name, before any signature for a child.
• Name each child on the form, with an age or birth year, so it is clear who is covered.
• Add a statement the adult confirms: "I am the child's parent or legal guardian and I have the authority to sign for them."
• Record the adult's name, their relationship to the child and a way to reach them.
• Give the adult a copy, and keep your own with the date and the version of the form.
• Use plain words in a type size that is easy to read on a phone or a tablet.

What if the guardian is not at the desk?

Do not accept a promise that someone else will sign later, or a text message that says it is fine. Ask the guardian to sign before the child takes part. One way to make that easy is to send the form ahead of the visit, so the guardian reads it at home with no line behind them. The guardian can then fill in and sign it on a phone, and the child can be covered before they arrive.

What about photos of a child?

Photo consent has its own rule in some states. California's Civil Code section 3344 asks for the prior consent of a parent or legal guardian before a minor's photograph is used for advertising or selling. We cover that in Do I need a photo release for event photos?

Where can I read more?

Whether a signed waiver is valid is also a question about waivers in general, not only children. See Are liability waivers enforceable? You can fill in and sign a waiver on a phone or computer with Fill and Sign PDF, and Sign PDF places a signature on a file you already have. Our release of liability form and hold harmless agreement templates have a section for a parent or guardian, and a lawyer should check them for your state. Whether an iPad signature counts is covered in Is a signature on an iPad legally binding?

Sources

• Florida Statutes section 744.301 (natural guardians), Online Sunshine, the Florida Legislature, read October 30, 2026.
• Louisiana Civil Code article 2004, Louisiana State Legislature, read October 30, 2026.
• California Civil Code section 3344, as published by California.Public.Law, read October 30, 2026.

This is general information, not legal advice. Rules differ by state, so ask a lawyer about your situation. Last reviewed October 30, 2026.