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should you send out signed contract / comments on parent signing a pre-injury exculpatory agreement on child's behalf
July 12, 2019
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should you send out signed contract
    You should also advise people never to send out contracts already signed. Once a subscriber gets the contract with our signature on it they can make any changes they want to it.
name withheld 
    I agree it's a dangerous practice to send out signed contracts. But subscribers cannot change a contract that's been signed by you without your consent. You certainly should not be sending out a contract signed by you in WORD so that it can be changed, and even PDF copies can be changed [I think - though I don't know how to do it]. If a change is made to a contract you have sent out signed then you would have to promptly reject that contract when it was returned to you. If you don't object then you have tacitly approved the change. If you don't notice the change then there is a factual dispute as to whether you really didn't notice it, or approve the change. That could end up in litigation rather than a smooth transaction, which is what you want. If the subscriber alters the contract in a way that you would not be expected to notice then you won't be held to that contract and certainly not to that change. That would fall under the category of fraud. 
comments on does a parent have the authority to sign a pre-injury exculpatory agreement on behalf of her child from article on July 6, 2019
    I am curious to know that if a parent cannot waive future damages on behalf of their minor child and the child in legal reality does not have the capacity to contract and understand what the liability waiver is all about, what would a for profit company do in this case to protect itself from a claim?     Assuming all equipment and safe guard issues are in good order but for some reason beyond the for profit companies control there is an injury anyway. 
    Mike Rowe the celebrity behind the ‘Dirty Jobs’ tv show had a brilliant observation about this. Basically when ‘safety’ becomes an all-consuming topic that trumps everything else, it locks up opportunity in ways that are detrimental to everyone. In Oklahoma, and probably in most states, we cannot hire a young person, a minor, to do anything. So how do they learn about ‘work’? It’s a bigger problem than it appears at first; precisely on the grounds you outlined for us. 
Zeke Lay
Comtec Security
    I hadn't really thought about whether a parent can waive a child's common law rights. Apparently courts treat the issue differently depending on who is requesting the waiver. It's an important issue for the alarm industry, and one I haven't considered because it has not been an issue in cases I have handled. The alarm industry installs alarms in homes where children reside and in businesses where children are on the premises. These children are never asked to sign an alarm contract. When there is a burglary or fire the child could lose property or suffer injury. Will the alarm contract signed by the parent or the business, containing all the protective provisions, hold up against the claim of the child? Will the no third party beneficiary provision hold up against the child?
    Feel free to offer your two cents on this one.

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301