Do I need an assumption of risk clause in my business contracts?

How can this clause help your business?

An assumption of risk clause can make it clear that using playground equipment involves inherent risks, even when used properly. It shows that parents or guardians understand and accept those risks before their children use the equipment.

This can help limit claims based on normal, expected injuries that come with play activities.

What are the limits for a business like yours?

This type of clause usually does not protect against negligence, such as poorly maintained equipment, unsafe setup, or failure to follow safety standards.

Because your business involves babies and toddlers, courts may also review these agreements more closely, especially since a parent or guardian is signing on behalf of a child.

What to do next...

1. Use an assumption of risk clause as part of a broader waiver.
2. Clearly explain the risks of using the equipment.
3. Keep equipment well-maintained and safely installed.
4. Have parents or guardians sign before use.

What to consider in your specific situation

While assumption of risk clauses can help, their effectiveness depends on your setup and risk level.

• The age group using your equipment (babies and toddlers).
• The condition, setup, and supervision of the equipment.
• The exact wording of your waiver and risk disclosures.
• Local laws on waivers involving children.
• Whether parents clearly understand and accept the risks.
• The seriousness of potential injuries.

Using the right combination of clear agreements and safe practices can help you better manage risk as you grow your business. Since every situation is different, consider more information through Rocket Copilot, a Legal Pro, or a legal document review to move forward with confidence.