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47 N. Ky. L. Rev. 75 (2020)
Kentucky's Stance on Non-Profit, Parental Liability Waivers: How Everyone Can Profit from Their Enforceability

handle is hein.journals/nkenlr47 and id is 83 raw text is: 

                   FROM   THEIR ENFORCEABILITY

                             Brendan Sullivan*

                             L INTRODUCTION

    Suppose Laura signs her son up for swim lessons at the YMCA. She grew up
swimming  and wants her son to have the same opportunities to make friends and
enjoy the experience of swimming.  She signs a waiver of her son's potential
negligence claims. Tragically, her son drowns. Laura sues the YMCA for claiming
her son drowned because of the YMCA's  negligence, but to no avail. Her waiver
released the YMCA  from liability and the YMCA raises it as a defense.

    Is it unfair to find the YMCA liable? Is it important that Kentucky statutes
favor non-profits, by shielding recreational activities, non-profit members and
directors from liability? Did Laura have the right to waive her child's claim? The
answer to these questions is yes.

    Non-profit organizations are vital members of Kentucky that fundamentally
support the state.' But in the wake of recent court rulings, Kentucky's non-profits
are now extremely vulnerable to costly litigation.'

    It started with a simple accident-a young child fell and hurt herself while
playing at a for-profit recreational center.3 And as is commonly done, the center
would not let the child participate absent a parental liability waiver. The Kentucky
Supreme  Court ultimately determined that parents cannot wave liability on behalf
of their minor children. However, this case was in the for-profit context, and the

    * Associate Editor, Northern Kentucky Law Review, Volume 47; 3.D. Candidate, Northern
Kentucky University Chase College of Law (2021).The author would like to thank Professor Jack
Harrison and the members of the NKLR for their invaluable comments and constructive feedback.
    1. Kentucky Nonprofits: MoreThan Charity, KENTUCKY NONPROFITNFTWORK,
https://www.kynonprofits.org/advocate/morethancharity (citing Kentucky State Longitudinal Data
System, 2015 data)).
    2. See Miller ex rel E.M. v. House of Boom Ky., LLC, 575 S.W.3d 656, 663 (Ky. 2019).
    3. Id. at 658.
    4. Id. at 657.
    5. Id. at 663.

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