Cross Post: Not sure if this is the best board to put this on, but here is my situation:
I have a 4-year-old son with Autism. We are attempting to get him enrolled in ABA services. The ABA facility has all of their paperwork for us to complete. This one document has me concerned. Overall, I am trying to determine if this will hold up or just general advice. It seems like they are saying that even if they are negligent or if someone intentionally harms him or the result is my son's death, I can't file a suit against them, which seems crazy to me. If something like that did happen and I was able to get it in front of a jury, I can't imagine they would throw it out, but my concern is if this could hold up and something does happen, even if it is relatively minor when compared to death.
I will copy it in here, sorry for the length:
"In consideration for [COMPANY] accepting my child for assessment, evaluation or ABA therapy by [COMPANY], I, as a parent or guardian, for myself, my child; and our heirs, personal representatives or assigns, to the extent permitted by applicable law, do hereby waive, release, and hold harmless [COMPANY], its owners, affiliates, management, employees, contractors, staff and their respective representatives, heirs and assigns from all claims of any kind that rise directly or indirectly out of my child's participation in assessments, evaluations, or ABA therapy, and covenant not to sue [COMPANY] for all such claims including without limitation claims for personal injury and property damage."
They go one to provide examples of personal injury or property damage claims we would be waiving:
1. Property damage to personal property such as a child's iPad. Note: my son does have one so he can use it to communicate.
2. Minor injuries such as scratches, bruises, and sprains.
3. Major injuries such as eye injury or loss of sight, joint injuries, and concussions.
4. Catastrophic injuries including paralysis and death.
"I know, understand, and appreciate these inherent risks and, to the extent permitted by applicable law, and consistent with the terms of this waiver of liability and assumption of risk by families, I assume sole, exclusive, and full responsibility for my child's injury or harm in any manner related to assessments, evaluations or ABA therapy and their activities."
Seems like maybe the portions saying, "to the extent permitted by applicable law" is meant to be some kind of a carve out which could allow for legal action under certain circumstances, but I just don't know the applicable law. There is more to the document but feel like this gives the gist of the document. Any advice would be helpful. My older daughter is Autistic as well and we had her in ABA at a different facility and I honestly don't recall signing something like this. I am sure we signed something acknowledging the risks, but this seems to go a step further in an attempt to absolve them from any responsibility for anything that could happen to my child while he is technically in their care.
I have a 4-year-old son with Autism. We are attempting to get him enrolled in ABA services. The ABA facility has all of their paperwork for us to complete. This one document has me concerned. Overall, I am trying to determine if this will hold up or just general advice. It seems like they are saying that even if they are negligent or if someone intentionally harms him or the result is my son's death, I can't file a suit against them, which seems crazy to me. If something like that did happen and I was able to get it in front of a jury, I can't imagine they would throw it out, but my concern is if this could hold up and something does happen, even if it is relatively minor when compared to death.
I will copy it in here, sorry for the length:
"In consideration for [COMPANY] accepting my child for assessment, evaluation or ABA therapy by [COMPANY], I, as a parent or guardian, for myself, my child; and our heirs, personal representatives or assigns, to the extent permitted by applicable law, do hereby waive, release, and hold harmless [COMPANY], its owners, affiliates, management, employees, contractors, staff and their respective representatives, heirs and assigns from all claims of any kind that rise directly or indirectly out of my child's participation in assessments, evaluations, or ABA therapy, and covenant not to sue [COMPANY] for all such claims including without limitation claims for personal injury and property damage."
They go one to provide examples of personal injury or property damage claims we would be waiving:
1. Property damage to personal property such as a child's iPad. Note: my son does have one so he can use it to communicate.
2. Minor injuries such as scratches, bruises, and sprains.
3. Major injuries such as eye injury or loss of sight, joint injuries, and concussions.
4. Catastrophic injuries including paralysis and death.
"I know, understand, and appreciate these inherent risks and, to the extent permitted by applicable law, and consistent with the terms of this waiver of liability and assumption of risk by families, I assume sole, exclusive, and full responsibility for my child's injury or harm in any manner related to assessments, evaluations or ABA therapy and their activities."
Seems like maybe the portions saying, "to the extent permitted by applicable law" is meant to be some kind of a carve out which could allow for legal action under certain circumstances, but I just don't know the applicable law. There is more to the document but feel like this gives the gist of the document. Any advice would be helpful. My older daughter is Autistic as well and we had her in ABA at a different facility and I honestly don't recall signing something like this. I am sure we signed something acknowledging the risks, but this seems to go a step further in an attempt to absolve them from any responsibility for anything that could happen to my child while he is technically in their care.