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Liability Waiver

California-Compliant Daycare Liability Waiver for Child Care Centers

Secure your California daycare with a Liability Waiver that meets Cal-OSHA, AB 5, and CCPA standards. Protect your center from child injury and licensing risks.

By The PaperForge Editorial Team·Last updated August 23, 2026
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As a daycare center owner in California, your facility must balance complex regulatory layers from the Child Care and Development Block Grant Act and State Licensing Regulations. A general waiver... Read more

Customize your Liability Waiver

11 fields · Takes about 2 minutes

Parties
Activity

Include location, duration, and known risks.

Acknowledgment
Emergency
Signatures
Medical Treatment Authorization
Security & Risk Mitigation

Detail the specific ID verification process for individuals not listed on the primary enrollment card to prevent pickup authorization disputes.

Regulatory Compliance
Terms of Service

Liability Waiver and Release of Claims

Legal Document

This Liability Waiver and Release of Claims (this "Waiver") is made and entered into as of [date] by and between [company_name] (the "Released Party"), including its officers, directors, employees, agents, representatives, successors, and assigns, and [participant_name] (the "Participant"). In consideration of the Participant being permitted to participate in the activities described herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Participant agrees as follows:

1. Assumption of Risk

The Participant hereby acknowledges and agrees that participation in the following activity or activities provided by [company_name]: [activity_description] (collectively, the "Activities"), involves inherent risks, dangers, and hazards that may result in serious personal injury, permanent disability, paralysis, death, or property damage or loss. Such risks include, but are not limited to: physical exertion and strain; contact with other participants, equipment, surfaces, or natural features; adverse weather conditions; equipment failure or malfunction; inadequate or negligent instruction or supervision; the negligence of other participants or third parties; and any other risks inherent in or arising from the Activities, whether or not specifically identified herein. THE PARTICIPANT HEREBY EXPRESSLY AND VOLUNTARILY ASSUMES ALL RISKS OF INJURY, ILLNESS, DAMAGE, OR LOSS ARISING FROM OR RELATED TO THE ACTIVITIES, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTY OR OTHERWISE, AND WHETHER SUCH RISKS ARE KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, AT THE TIME OF EXECUTION OF THIS WAIVER. The Participant acknowledges that the Participant has had a full and adequate opportunity to review and consider the nature of the Activities and the risks described herein, and the Participant's assumption of risk is made knowingly, voluntarily, and without coercion or duress of any kind.

2. Waiver and Release of Claims

In consideration of being permitted to participate in the Activities, the Participant, on behalf of the Participant and the Participant's heirs, executors, administrators, personal representatives, assignees, and next of kin, hereby FOREVER RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE [company_name], its officers, directors, employees, agents, representatives, volunteers, affiliates, subsidiaries, parent companies, successors, and assigns (collectively, the "Released Parties") from and against any and all claims, demands, actions, causes of action, suits, liabilities, obligations, damages, losses, costs, expenses (including reasonable attorneys' fees), and judgments of every kind and nature whatsoever, whether known or unknown, suspected or unsuspected, fixed or contingent, that the Participant now has, has ever had, or may hereafter have against the Released Parties, arising out of, connected with, or in any way related to the Participant's participation in the Activities, including but not limited to claims arising from the negligence (whether active or passive), gross negligence, or willful misconduct of the Released Parties, or from any defect or dangerous condition of the premises, facilities, or equipment used in connection with the Activities (collectively, the "Released Claims"). This release is intended to be as broad and inclusive as permitted by applicable law.

3. Indemnification and Hold Harmless

The Participant agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS [company_name] and the Released Parties from and against any and all claims, demands, actions, causes of action, suits, liabilities, obligations, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) brought by or on behalf of the Participant, the Participant's heirs, executors, administrators, personal representatives, assignees, next of kin, or any third party, arising out of, connected with, or in any way related to the Participant's participation in the Activities, including but not limited to any claims arising from the Participant's own negligence, breach of this Waiver, or violation of any applicable law, rule, or regulation. This indemnification obligation shall survive the termination or expiration of this Waiver.

4. Medical Authorization

The Participant hereby authorizes [company_name] and its employees, agents, and representatives to obtain or provide emergency medical treatment for the Participant in the event of an injury, illness, or medical emergency arising during or in connection with the Participant's participation in the Activities, including but not limited to first aid, CPR, transportation to a medical facility, and any other emergency medical care deemed necessary by medical professionals or by [company_name] personnel. The Participant acknowledges and agrees that the Participant shall be solely responsible for all costs, fees, and expenses associated with any such medical treatment, including emergency transportation, hospitalization, surgery, and any follow-up care. The Participant releases the Released Parties from any and all liability arising from the provision of, or failure to provide, emergency medical treatment.

5. Acknowledgment of Understanding

The Participant hereby acknowledges and represents that: (a) the Participant has carefully read this Waiver in its entirety and fully understands its terms and conditions; (b) the Participant is aware that this Waiver constitutes a legally binding contract and a complete release of all liability owed to the Participant by the Released Parties; (c) the Participant has signed this Waiver freely, voluntarily, and without coercion, duress, or undue influence of any kind; (d) the Participant is at least eighteen (18) years of age and is legally competent to enter into this Waiver; (e) the Participant has had the opportunity to consult with legal counsel of the Participant's choosing before executing this Waiver and has either done so or has voluntarily elected not to do so; (f) no oral representations, statements, promises, or inducements apart from the terms set forth in this Waiver have been made to the Participant; and (g) the Participant intends this Waiver to be a complete and unconditional release of all liability to the greatest extent permitted by applicable law.

6. Governing Law

This Waiver shall be governed by, construed, and enforced in accordance with the laws of the state in which [company_name] maintains its principal place of business, without regard to any conflict of laws principles that would require the application of the law of any other jurisdiction. In the event that any dispute arises under or in connection with this Waiver, the Participant irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts located in the jurisdiction of [company_name]'s principal place of business, and the Participant hereby waives any objection to such jurisdiction or venue, including any objection based on inconvenient forum. If any provision of this Waiver is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this Waiver, and the remaining provisions shall continue in full force and effect. This Waiver constitutes the entire agreement between [company_name] and the Participant with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and representations, whether written or oral.

Additional Provisions

Scope Limited to Field Trips and Optional Activities

This waiver applies only to the optional activity identified above, such as a field trip, a water play day, or a visiting enrichment program, and does not apply to the center's ordinary licensed care. The center remains obligated to meet the staffing, supervision, and safety standards imposed by the California Child Day Care Facilities Act, Cal. Health & Safety Code § 1596.80 et seq., during the activity, and nothing in this waiver reduces the ratios or supervision the licensing regulations require for children off site.

California Civil Code Section 1668 Limitation on This Waiver

The parties expressly acknowledge California Civil Code § 1668, which renders void any contract purporting to exempt a party from responsibility for fraud, willful injury, or violation of law, whether willful or negligent. Nothing in this waiver releases the center from liability for gross negligence, for a knowing misrepresentation about supervision or transportation arrangements, or for a violation of a licensing regulation. The parent acknowledges signing voluntarily, after an opportunity to read the waiver and to decline the optional activity without any effect on the child's enrollment.

Minor's Own Claims and Parental Authority

The parent acknowledges being informed that a parent's signature does not extinguish a claim belonging to the child, that a minor may disaffirm a contract under California Family Code § 6710, and that court approval is generally required to compromise a minor's claim under California Probate Code § 3500. This waiver is therefore effective as to the parent's own claims and as an acknowledgment of the risks disclosed, and the center makes no representation that it bars any claim the child may bring.

Transportation, Medical Authorization, and Emergency Contact

Where the activity involves transportation, the parent authorizes transport in the vehicle identified above with restraint devices appropriate to the child's age and weight as required by California Vehicle Code § 27360. The parent authorizes the center to obtain emergency medical treatment where the parent cannot be reached and confirms that the allergy, medication, and physician information on file is current. The parent shall notify the center in writing of any change before the activity date, and the center may exclude a child whose information is incomplete.

Additional Details

Emergency Medical Authorization Limit: [medical incident limit]
Specific Pickup Authorization Procedures:

[authorized pickup protocol]

Mandatory Staff-to-Child Ratio Verification: [compliance certification]
Contractual Withdrawal Notice Period: [guardian notice period]

BY SIGNING BELOW, THE PARTICIPANT ACKNOWLEDGES THAT THE PARTICIPANT HAS READ THIS WAIVER, FULLY UNDERSTANDS ITS TERMS, UNDERSTANDS THAT THE PARTICIPANT HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGNS IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

Participant

Name: Participant

Date: ___________________

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Why You Need This Liability Waiver

As a daycare center owner in California, your facility must balance complex regulatory layers from the Child Care and Development Block Grant Act and State Licensing Regulations. A general waiver isn't enough to mitigate your professional liabilities. This California-specific waiver is designed to address industry risks like pickup authorization disputes and staff-to-child ratio liabilities, while ensuring your contract complies with California Civil Code requirements and AB 5 worker classification standards. By integrating robust Release of Liability and Assumption of Risk clauses, you shield your business from allegations of neglect and the financial burden of child injury claims.

Risk Acknowledgment & Liability Limits

What This Waiver Covers

Beyond the standard liability waiver sections, this template adds fields specific to Daycare Center Owner:

+Emergency Medical Authorization Limit(Medical Treatment Authorization)
+Specific Pickup Authorization Procedures(Security & Risk Mitigation)
+Mandatory Staff-to-Child Ratio Verification(Regulatory Compliance)
+Contractual Withdrawal Notice Period(Terms of Service)

The core legal purpose of a Liability Waiver is to reduce or eliminate the legal liability of an organization or entity by having the participant acknowledge and accept the risks involved in an activity, thereby waiving their right to sue for damages or injuries incurred as a result of their participation.

Liability Risks This Waiver Addresses

Child injury liability

Liability waivers and comprehensive guardianship agreements clarify responsibilities and emergency procedures.

Waiver Law in California

Cal. Civ. Code § 1624 — California's Statute of Frauds requires certain contracts to be in writing, such as those for the sale of goods over $500, and contracts that cannot be completed within one year. This statute mirrors the UCC but differs in certain contexts, such as real estate transactions.
Cal. Civ. Code § 1550 — California requires parties to a contract to have both the capacity to contract and that there must be lawful consideration. The Code highlights certain scenarios that might not traditionally meet these elements under common law.

What Makes a Liability Waiver Enforceable

For this liability waiver to be legally valid:

  • +The document must be signed by the participant or an authorized representative, including electronic signatures where legally permissible.
  • +The waiver should be clearly written and understandable, avoiding legal jargon that may confuse the signatory.
  • +Participants should be given ample opportunity to read and understand the waiver before signing it.
  • +In some states, minors may require the signature of a parent or guardian, and additional language may be necessary to account for this.
  • +Certain jurisdictions may require a witness or notary for the waiver to be enforceable, particularly if it involves high-risk activities.

Common mistakes to avoid:

  • !Failing to adequately describe the risks associated with the activity, resulting in incomplete informed consent.
  • !Using overly broad or ambiguous language that might render the waiver unenforceable under state law.
  • !Not including a clause that specifies the waiver is governed by the laws of a particular state, leading to jurisdictional issues.
  • !Neglecting to ensure that the waiver is signed by the participant, especially when electronic signatures are not validated.
  • !Ignoring the necessity of customizing the waiver for specific activities, resulting in generic terms that may not encompass all potential risks.

California-Specific Provisions to Watch

  • +California Consumer Privacy Act (Cal. Civ. Code § 1798.100 et seq.) affecting business data handling practices.
  • +The California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.), impacting business projects and development.
  • +Community property laws influencing marital rights and property division (Cal. Fam. Code § 760).
  • +Mechanics Lien Law (Cal. Civ. Code §§ 8000 et seq.) allowing contractors to secure payment for work done.
  • +Tenant Protections and Rent Control (Cal. Civ. Code § 1946.2) imposing strict regulations on rental increases and evictions.

Regulations Daycare Center Owner Must Know

Child Care and Development Block Grant Act

This federal law sets minimum child care standards and stipulates requirements for health, safety, and quality, such as background checks for staff and provider inspections.

Enforced by U.S. Department of Health and Human Services (HHS)

State Child Care Licensing Regulations

Every state has specific licensing regulations that cover various health and safety standards, staff qualifications, and facility requirements for daycare centers.

Enforced by State Departments of Health or Human Services

Americans with Disabilities Act (ADA)

Requires daycare centers to accommodate children with disabilities and prohibits discrimination based on disability.

Enforced by U.S. Department of Justice

Occupational Safety and Health Act (OSHA)

Commercial daycare centers must comply with OSHA standards to ensure a safe working environment for employees.

Enforced by Occupational Safety and Health Administration

Licensing & Insurance for Daycare Center Owner

  • +State-issued childcare license
  • +Health and safety certifications
  • +Background checks for all staff
  • +CPR and First Aid certification for employees

Recommended coverage: General Liability Insurance · Professional Liability Insurance (E&O) · Workers' Compensation Insurance · Commercial Property Insurance

Contract Pitfalls Specific to Daycare Center Owner

  • !Disputes over staff-to-child ratios, frequently arising from unclear contractual agreement on staffing requirements.
  • !Issues with payment and refund policies, often due to ambiguity in enrollment contracts.
  • !Pickup authorization disputes, which can occur if the processes and responsible parties are not clearly outlined in signed agreements.

Frequently Asked Questions

01

Can a California daycare waive liability for negligence?

Under California Civil Code § 1550 and general state law, you can waive liability for ordinary negligence in a recreational or childcare setting, but you cannot waive liability for 'gross negligence,' intentional wrongs, or violations of law. Our waiver is drafted to maximize enforceability by focusing on the inherent risks of childcare while ensuring strict adherence to State Child Care Licensing Regulations.

02

How does California’s AB 5 impact my daycare center's liability?

AB 5 and the ABC test (Cal. Lab. Code §§ 2750.3) strictly govern how staff are classified. If you misclassify employees as independent contractors, your liability waiver might be scrutinized during employment-related injury claims. This document is designed to work alongside California Labor Code § 2922 to maintain the integrity of your center's operations and staffing standards.

03

Are electronic signatures legally binding for parent waivers in California?

Yes, per California's Uniform Electronic Transactions Act (UETA), electronic signatures are legally binding. However, for a waiver to be enforceable against a minor, it must be signed by a legal guardian. Our form ensures the Signatory Acknowledgment meets California standards for informed consent and capacity to contract.

04

How does the CCPA affect the data collected in my daycare waivers?

Because you are collecting sensitive health and contact info, you are subject to the California Consumer Privacy Act (CCPA). Our waiver includes language regarding data handling to help you remain compliant with California’s strict consumer privacy mandates while securing necessary medical treatment authorizations.

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