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Question

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

I am looking into how to protect a business I want to create, which rents playground equipment for babies and toddlers. My goal is to ensure that I am not held responsible for any injuries that may occur while children are using the equipment.

Rocket copilot

Answer

An assumption of risk clause is commonly used in businesses like yours, but it is not a complete solution on its own. It can help reduce your risk by showing that parents understand and accept the dangers of using playground equipment.

However, it does not fully protect your business from all injury claims, especially those tied to negligence or unsafe conditions. Agreements involving minors, for example, are often limited or unenforceable and depend on specific facts.

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.

Published on 04/20/2026Written by Laura BojartReviewed by Legal Pros

At Rocket Lawyer, we follow a rigorous editorial policy to ensure every article is helpful, clear, and as accurate and up-to-date as possible. This page was created, edited and reviewed by trained editorial staff who specialize in translating complex legal topics into plain language, then reviewed by experienced Legal Pros—licensed attorneys and paralegals—to ensure legal accuracy.

Please note: This page offers general legal information, but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.

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Disclosures

  1. This page offers general legal information, not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.