Parents may bind their minor children to exculpatory agreements in favor of nonprofit sports organizations

Law Reporter, Dec 1998

Zivich v. Mentor Soccer Club, Inc. 696 N.E.2d 201 (Ohio 1998).

The Supreme Court of Ohio held that parents have the authority to bind their minor children to exculpatory agreements in favor of volunteers and sponsors of nonprofit sports activities in negligence actions.

Here, a 7-year-old boy was injured when he jumped on an unanchored goal after soccer practice. His mother had signed a release waiving all claims as a condition of the boy's playing in the soccer league. The boy's parents sued the league, alleging negligence. The trial court granted defendant summary judgment, holding the release barred plaintiffs' claims. An appellate court affirmed.

Affirming, the state high court rejected plaintiffs' argument that enforcing the release is against public policy. The court noted that invalidating exculpatory agreements would reduce the number of activities made possible through nonprofit organizations and their volunteers. Although the child here gave up his right to sue for the negligent acts of others, the public as a whole received the benefit of the exculpatory agreement.

The court also rejected plaintiffs' argument that because the injury occurred after practice, it was outside the agreement's scope. The court said that it is expected that children will become restless during periods of inactivity at soccer practice and may, as in this case, climb on a goal. Coaches who are supervising the practices cannot be expected to completely prevent such unauthorized activity. Thus, the injuries here were a "natural incident" of the child's participation in soccer practice and fell within the release's scope.