PARENTAL WAIVER ISSUE IS COMING TO A HEAD AND AT THIS POINT, WE ARE LOSING


From another forum:

OK, THE PARENTAL WAIVER ISSUE IS COMING TO A HEAD AND AT THIS POINT, WE ARE LOSING. THE TRIAL ATTORNEYS ARE MAKING HEADWAY AND AT THIS MOMENT, WE DO NOT HAVE ENOUGH OF OUR STATE REPRESENTATIVES ON OUR SIDE.
ACTION IS NOW NECESSARY

SEND AN EMAIL TO THE ADDRESS IN THE MESSAGE BELOW, EXPLAINING HOW THE LOSS OF THE ABILITY FOR CHILDREN UNDER 18 TO PARTICIPATE IN MOTOCROSS COULD OR WOULD IMPACT YOU. IMAGINE IF ALL THE TRACKS CLOSED BECAUSE 90% OF THEIR BUSINESS WAS NO LONGER ALLOWED TO RIDE BECAUSE A PARENT CAN NO LONGER SIGN A WAIVER OF LIABILITY ON BEHALF OF THEIR CHILDREN…HOW WOULD THAT IMPACT YOU? HOW MUCH WOULD THAT IMPACT THE COMPANIES YOU PURCHASE BIKES, PARTS AND ACCESSORIES FROM?
IT’S ABOUT MONEY, THAT IS WHAT MAKES POLITICIANS OPEN THEIR EYES…MONEY.
IF BUSINESSES CLOSE, THAT IS REVENUE LOST
IF MILLIONS ARE LOST IN SALES IN THE STATE, THAT IS REVENUE LOST
IF PEOPLE BUY FEW MOTORCYCLES AND ATV’S, THAT IS NOT ONLY LESS SALES TAX, BUT LESS REVENUE BY WAY OF REGISTRATION AND TITLING.

IT’S ABOUT MONEY, NOT FEEL GOOD MAKE KIDS HAPPY….MONEY
WRITE AN EMAIL AND LET THEM KNOW HOW MUCH MONEY THEY WILL LOSE, HOW YOUR DEALER WILL LOSE MONEY AND YOUR DISTRICT WILL LOSE MONEY (Dana, who is working on this will direct to proper representative).

THIS IS FLORIDA RESIDENTS ONLY, PLEASE

NON-RESIDENTS OF FLORIDA, YOU CAN HELP BY PASSING THIS ALONG VIA EMAIL AND POST ON EVERY WEBSITE YOU KNOW.
IF THIS SUCCEEDS IN FLORIDA, IT WILL SPREAD TO YOUR STATE

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I am including below a brief synopsis of the issue so that you can share it with others. Please direct all inquiries to me at dana@onmessage.com or 407-608-5921. As I mentioned I would love for folks to send me an email outlining their interest in the issue, how it impacts them and their business etc…It is important to have each person’s name and address so I can identify people from certain areas of the state if needed. I will personally follow up with each of them to determine how they can best assist our efforts.

BEWARE BUSINESS OWNERS: FLORIDA SUPREME COURT VOIDS PARENTAL WAIVERS

A recent decision by the Florida Supreme Court makes pre-injury releases that parents sign for their children to participate in field trips, athletics, or recreational activities unenforceable – meaning some of these activities may not be available to youth in the future.

It is common for service providers in Florida that offer athletic or recreational activities to minors to require parental consent in order to protect the provider from substantial liability in the case of injury. In fact, many of these providers including rock climbing venues and ATV operators are required by their own insurance companies to obtain these waivers from parents of minors. The ruling will likely impact a wide range of businesses in Florida that include children as their customers including sports leagues, amusement parks, water skiing and boating operators and others. If parents cannot sign these waivers on behalf of their children, the businesses are leaving themselves open to significant liability risks. Therefore, businesses across the state are discontinuing offering such services or activities to children. Not only is this Supreme Court decision contrary to almost all other parental choice situations but it also limits the life experiences of our youth and jeopardizes some of Florida’s oldest and most loved attractions.

Victor Scwartz, a Washington DC attorney who has written about this decision says “the Supreme Court’s decision creates an arbitrary distinction for commercial and non commercial activities that, in addition to adding ambiguity to the law and having nothing to do with safeguarding children ignores well-defined limits and careful balancing in scope and effect that Florida courts apply with regard to waivers”. He supports legislation to overturn the Court’s ruling and restore parent’s ability to sign waivers on behalf of their minor child as appropriate.

Unfortunately, last year the trial lawyers successfully blocked legislation reinstating a parent’s ability to enter into these pre-injury agreements with the provider just as they would on behalf of themselves. A coalition of business is asking the Legislature again this year (HB 285 by Rep. Mike Horner of Kissimmee) to reconsider the proposed legislation and preserve the athletic, recreational, and amusement park activities available to the youth in our state.

Bill Lupfer, President of the Florida Attractions Association adds, “You can certainly understand why so many of our members are concerned with this court ruling. Beyond jeopardizing parental rights there are jobs and entire family owned business in jeopardy.”

Dana C. Loncar
CONSENSUS
COMMUNICATIONS
407.608.5921 – Office
407.808.3441 Cell

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BOTTOM LINE, THE COURTS HAVE SAID AND NOW THE LEGISLATURE IS TRYING TO SAY THAT YOU CANNOT SIGN A WAIVER FOR YOUR CHILD (OR TEEN) ALLOWING THEM TO RACE OR RIDE ON A TRACK IN THE STATE OF FLORIDA…YOUR CHILD WILL NOT BE ALLOWED TO RACE AT ANY TRACK IN THE STATE.
KEEP IN MIND, THIS IS APPLICABLE TO OTHER SPORTS AS WELL SUCH AS HORSE RIDING, GYMNASTICS, COMPETITIVE CHEERLEADING, ARCHERY, GUN RANGES AND ESSENTIALLY ALMOST EVERY SPORT WHERE A WAIVER IS SIGNED FOR A CHILD TO PARTICIPATE.

PLEASE PASS THIS ALONG VIA EMAIL AND POST ON EVERY WEBSITE YOU KNOW.
IF THIS SUCCEEDS IN FLORIDA, IT WILL SPREAD TO YOUR STATE


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2 Responses to PARENTAL WAIVER ISSUE IS COMING TO A HEAD AND AT THIS POINT, WE ARE LOSING

  1. Susan Anderson says:

    Hello ,
    I have a 14 year old son that love’s to race and in hope of one day becoming
    a Pro Rider. Just like him and all the minors that go to tracks all over the world all have hi hope’s and now someone won’t to take it all away. The childern of this world is what we need to keep the world going you just can’t take there hopes and dreams away from something that they love to do .If you take this away then are you going to take Football,Nascar,Tennis,Golf Ect….away to it’s all sports.

    Thank You Very Much For Your Time

    Susan Anderson

  2. doublezero says:

    I really hope everyone understands what this is about and means.

    If you cannot have a parent sign a waiver, like we all sign at every track, every time, kids under 18 will not be allowed to ride or race.

    The rational is that a parent does not have the right to waive (sign away) the rights of a child and their future for compensation in the event of injury. The trial attorney’s are saying that a parent has no right to sign away a person’s right as a minor, so that they will have no right to sue as an adult. Their opinion is, and the Florida Supreme Court seems to agree, that if you sign a waiver for a minor, waiving their future rights, you are therefore waiving their rights as an adult as well because the waiver keeps the “now adult” from the ability to seek compensation, and you can’t do that.

    How many minors are at your track on practice or race day? They will be all gone.

    Think the track can stay open on what’s left?

    and for those of you in other states, this will apply to you, because if trial lawyers are successful here, it will spread because all the ambulance chasers will smell blood and go after cases and courts all over the country.

    DO NOT MAKE THE MISTAKE OF THINKING THIS HAS NOTHING TO DO WITH YOU

    Because it does

    Put it on other boards, spread the word

    Dave Kimmy (Engine Ice)

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