[FL] [FL] Do I need a waiver to host a school softball game?

Hi, my name is Randy and I'm happy to assist you today. What state are you in? Waiver enforceability varies significantly by jurisdiction, particularly regarding minors and gross negligence exclusions.

Thanks for clarifying. Let me double check.

Looking at your situation, both the coach organizing the game and the host school need protection in your liability waiver. This isn't an either-or decision. Florida's legal landscape requires you to cast a wide net to effectively shield all potential defendants.

The coach carries primary exposure as the event organizer. Courts will scrutinize whether proper supervision was provided, safety protocols followed, and reasonable care exercised in managing the game.

Since you're organizing an out-of-season event, the coach's personal liability increases because this falls outside normal school-sanctioned activities.

The school faces premises liability regardless of who organized the event. Florida property owners have a non-delegable duty to maintain safe conditions. If a player gets injured due to field conditions, inadequate lighting, or structural issues with dugouts or fencing, the school becomes a target defendant.

The fact that you've additionally insured the school recognizes this exposure.

Your waiver should explicitly name and release all connected parties. Start with the primary organizers and work outward:

I hereby release and hold harmless [Coach Name], [Team Name], [School Name], [School District if applicable], and all officers, directors, employees, agents, volunteers, and representatives of the foregoing parties.

Include both assumption-of-risk and release language. The assumption portion acknowledges that softball involves inherent dangers such as collisions, errant balls, and sliding injuries.

The release portion waives claims for injuries arising from these risks, except for gross negligence or intentional misconduct, which Florida law will not allow you to waive.

Since you're dealing with minors, both the player and the parent or guardian must sign. Florida courts have upheld parental waivers on behalf of children when the language clearly indicates the parent understands they are waiving their child's rights. Use explicit language:

I am the parent or legal guardian of the above-named minor and have the legal capacity to sign this waiver on their behalf.

Make the waiver conspicuous. Use clear headings, adequate font size, and consider bold text for key release language. Florida courts have invalidated waivers that were buried in fine print or used confusing legal jargon.

Your decision to additionally insure the school creates excellent alignment opportunities. Structure your waiver to match your insurance coverage exactly.

If your policy covers both the team and the school, your waiver should release both entities. This prevents coverage gaps and ensures your insurer will defend all named parties if a claim arises.

Consider requiring all participants' families to provide proof of their own medical insurance. This shifts primary responsibility for medical costs away from your policy and reduces overall exposure.

Collect signed waivers before any practice or game activity begins. Do not accept verbal commitments or unsigned forms. Store originals securely and keep copies with you at all games.

Review your sanctioning association’s requirements. Some organizations provide model waiver language or have specific parties they require to be released. Incorporate these requirements to maintain your sanctioned status.

Be aware that Florida's comparative negligence laws mean that even with a solid waiver, you must maintain proper safety protocols. Document your safety measures, keep equipment in good repair, and ensure adequate supervision.

Yes, since it's so litigious nowadays, it's better to be safe now than sorry later.