Collecting Waivers for Minors: A Guide to Guardian Signing, Age Thresholds, and Legal Requirements

If your business serves children or teenagers, you face a unique legal challenge. Minors generally cannot enter into binding contracts, which means a waiver signed by a 12-year-old at your rock climbing gym has no legal weight. The parent or legal guardian must sign on the minor's behalf, and even then, enforceability varies significantly by state.

This guide covers who can legally sign a waiver for a minor, what the courts have said, and how to structure your signing process for birthday parties and school field trips.

Who Can Sign a Waiver for a Minor?

Either biological or adoptive parent can sign a waiver for their minor child. In most states, only one parent's signature is required, even if the parents are divorced or separated. A legal guardian appointed by a court, including foster parents with legal guardianship, has the same authority as a parent.

The following people generally cannot sign on behalf of a minor: grandparents, aunts, uncles, or other relatives without legal guardianship; babysitters, nannies, or family friends supervising the child; older siblings, even if they are adults; and teachers or coaches without written authorization from a parent.

This creates a practical problem. A grandmother drops off grandchildren for a birthday party and needs to sign a waiver, but she may not have the legal authority. The best solutions are having the parent sign in advance via a digital link, or including a section where the parent authorizes another adult to sign on their behalf.

Age Thresholds

In all 50 U.S. states, the age of majority for contract purposes is 18, with the exception of Alabama and Nebraska where it is 19. Some businesses allow older teenagers to sign their own waivers, but a 16-year-old's signature is not legally binding as a contract. The safest practice is to require a parent or guardian signature for anyone under 18.

What Courts Say About Parental Waivers for Minors

Courts are divided on whether a parent can waive their child's right to sue.

States including California, Colorado, Florida, Massachusetts, and Ohio have upheld parental waivers for minors in at least some circumstances, reasoning that parents have the authority to accept risk for recreational activities. Even in these favorable states, courts require clear language, specifically described risks, and a voluntary recreational activity.

States including New York, New Jersey, and Connecticut have ruled that a parent cannot waive their child's future right to sue. These courts hold that the child's legal claim belongs to the child, not the parent.

Regardless of your state's stance, you should still collect waivers for minors. Where enforceable, they provide strong legal protection. Where not, they still demonstrate informed consent and document the parent's acknowledgment of risks.

Structuring the Minor Waiver

A waiver for a minor should include everything a standard adult waiver includes, plus:

Minor's information: Full legal name, date of birth, and relevant medical information. The date of birth confirms the participant is a minor and establishes the applicable legal framework.

Parent/guardian identification: The signing adult's full legal name, relationship to the minor, and contact information.

Parental consent statement: "I am the parent or legal guardian of the above-named minor. I have legal authority to sign this agreement on their behalf. I consent to the minor's participation in the described activity."

Indemnification: The parent agrees to indemnify the business from claims brought by the minor, their estate, or any third party on the minor's behalf.

Medical authorization: A section authorizing the business to seek emergency medical treatment if the parent cannot be reached, especially important when the parent will not be on-site.

Birthday Party Waiver Workflows

Birthday parties are chaotic for minor waivers. A dozen children arrive at once, accompanied by a mix of parents, grandparents, and family friends. Here is a workflow that works:

Send waivers with the invitation. When the hosting parent books, provide a digital waiver link or QR code for the invitations. Parents complete waivers at home before the party date.

Follow up before the party. Check which children have signed waivers and send reminders. WaiverDrop's dashboard shows exactly which waivers are outstanding.

Set up a signing station at check-in. Have a tablet kiosk or QR code at the entrance for children who arrive without a signed waiver. A form that takes 90 seconds keeps the line moving.

Verify authority to sign. Train staff to ask the accompanying adult their relationship to the child. If they are not a parent or guardian, have the parent sign remotely via a phone link.

Enforce the policy. No waiver, no participation. It is uncomfortable to turn away a child, but allowing a minor to participate without a signed waiver exposes your business to significant liability.

School Field Trip Waivers

School field trips follow a different process. As the host business:

Provide your waiver to the school. Send a digital link or printable PDF to the trip coordinator, making clear that every student needs a parent-signed waiver.

Set a deadline. Ask the school to collect signed waivers at least 48 hours before the trip.

Have backup waivers on site. Forms will inevitably be lost. WaiverDrop's minor and guardian signing feature lets you text or email a waiver link to a parent so they can sign on their phone within minutes, even while at work during the field trip.

Keep your copies. The school may keep their permission slip, but you should retain every signed waiver in your own system.

Final Thoughts

Collecting waivers for minors requires more care than collecting adult waivers. The legal landscape is less certain, the logistics are more complex, and courts are especially protective of children's rights. But with a clear process, consistent enforcement, and the right tools, you can protect your business while providing a smooth experience for families.