The Washington Times reports that 16 million lawsuits are filed each year in the United States. That’s 30 lawsuits a minute or one every two seconds. Accidents and mishaps are bound to happen in the church and in youth ministry on occasion. It would be wonderful if all believers followed 1 Corinthians 6 and settled their disputes without resorting to the legal system. Unfortunately, that is not the case. Sooner or later, there is a good chance you and your church may be involved in a lawsuit—maybe a wreck in the church van or a broken arm playing basketball.
Sharp youth leaders spend time minimizing the risks: running background checks on volunteers, having the church van inspected by a mechanic regularly, having a lifeguard for pool events, etc. However, one important protection you may be overlooking is the language on your parent consent forms, which can provide strong legal protection for your ministry. These forms should have release language.
What is a release? A release is short for “release of liability,” which means a person gives up the right he or she normally would have to sue for an accident or mishap that happens. Sometimes they are called “waivers of liability.” You probably have signed several of these this year (i.g., cell phone contracts almost always have them in the small print).
How does a release protect your ministry? Anyone willing to pay the court filing fee can sue anybody for anything. For example, a man named Gerald Mayo sued Satan in Federal Court in 1971. (Not kidding! Google it!) A release will not prevent the ministry from being sued, but a good release can cause the lawsuit to be dismissed almost immediately by the judge without much time or expense. There is a huge difference between a lawsuit that lasts three years and ends in the church paying money and a lawsuit that lasts two months and is thrown out of court because of the release, especially if not having to pay a settlement protects your church from an increase in insurance premiums.
What should a release say? At the most basic, they are similar to: “I waive all claims against First Church for injuries sustained by my son or daughter at First Church events.” That just protects First Church. You also want to protect First Church’s volunteers and employees. Also make it clear that it’s not just claims for physical injuries that are being waived.? Suppose a volunteer takes some girls out for burgers or coffee. Is that a First Church event, to which the release applies? Questions such as these demonstrate the importance of havign an attorney draft the language to make sure all the bases are covered.
Further, your attorney should be local from within your state. State laws on what makes releases valid vary widely between states. The release I drafted for the youth ministry I volunteer in concludes with: “I UNDERSTAND I AM GIVING UP IMPORTANT LEGAL RIGHTS BY SIGNING THIS DOCUMENT.” Why did I include that particular language, and why did I put it in all capitals? Because I copied that language directly from a 2005 lawsuit in which the South Carolina Court of Appeals (my state) approved the dismissal of a lawsuit against a paintball field based on a release with that exact language. It’s been “pre-approved” by the court in South Carolina, and therefore much more likely to be enforced by a judge.
Drafting such a release is not a large project for a lawyer. If you can’t find a lawyer in your congregation willing to help for no charge and end up having to hire someone, the fee should be modest. In fact, you could get together with several local youth pastors, hire a lawyer together, and split the fee. There’s no reason all of you couldn’t use the same language.
Is a release bulletproof? No. However, if drafted properly, it can provide a significant amount of legal protection for you, your volunteers, and your church in the event of an accident. All you need to do is add a paragraph or so to the forms you already have.
Finally, one common mistake to avoid with high school seniors: Releases need to be signed by someone of legal age to make a contract, so normally that is the student’s parent. However, 18-year-old high school seniors must sign for themselves, beceause their parents no longer have the legal authority to sign on their behalf.
Nobody likes to worry about accidents and lawsuit, but a couple of hours of work with a lawyer in your congregation can give you a no-cost tool to protect your ministry for years to come!
Find a sample release here. Note that this is only a sample and does not constitute legal advice to any particular church or person. As this article suggests, get legal advice from a lawyer in your community.
Notes on the sample release:
• This document is not just a release. Also, to help the church’s administrative staff and limit the number of forms it includes 1) permission to take and use photos; 2) permission to provide first aid and over-the-counter medication; 3) permission to obtain medical care; 4) emergency contact information; 5) health insurance information; and 6) a place to list medical concerns and medications a student is taking.
• Remember that “consent” to get medical treatment is not the same thing as information regarding who will pay for it. This sample also includes health insurance information, because some local hospitals will refuse treatment in a non-life threatening situation without financial information.
• The list of activities is important, and you should make sure to list any higher-risk ones. It prevents someone from later saying: “I had no idea you were going to do [some dangerous activity].”
• This document is designed for a whole season of ministry (e.g., the summer). If you do activities or trips that are high-risk, those activities should have their own waivers. Examples would include whitewater rafting and hiking in remote areas.
In general, the longer and more detailed a release, the more likely a court will enforce it; but long and detailed releases also can turn off parents and students. Each church or ministry has to decide how much protection it wants and weigh that against the burden on the parents and how the ministry will be viewed.
