Fine Print Fun: A Parent’s Guide to Activity Centre Waivers
As parents, we constantly strive to keep our children safe while giving them opportunities to explore, learn, and enjoy themselves. Activity centres—such as trampoline parks, climbing gyms, and indoor playgrounds—offer wonderful spaces for children to engage in fun activities, build confidence, and develop important physical skills. However, many parents are unaware that by simply signing a waiver at these centres, they may be significantly limiting their ability to hold the centre accountable should an injury occur.
Activity centres routinely require parents to sign waivers that shield the centre from legal liability for accidents or injuries sustained by children during activities. These waivers aren't just formalities—they carry substantial legal weight. But are they always enforceable? Understanding your rights and the law in Ontario is crucial.
Under Ontario law, waivers are generally enforceable if specific criteria are met. Courts examine whether the activity centre took reasonable steps to clearly communicate the waiver's terms. Essentially, this means the waiver must be presented clearly, noticeably, and understandably. For example, in the significant Ontario case, Argiros v. Whistler & Blackcomb Mountain[1], the court enforced the waiver because the centre had sufficiently highlighted the waiver’s terms through noticeable signs and explicit language. Similarly, in Cejvan v. Blue Mountain Resorts Ltd.[2], the court found that well-placed signs and clear language met the necessary standard.
However, there are critical exceptions parents should know. Even if you've signed a waiver, Ontario courts recognize situations where waivers might be invalidated:
Non est factum ("it is not my deed"): If you genuinely did not understand the nature of the document due to misleading language or complexity, this exception could apply. The waiver must be clear enough that any reasonable person would understand its implications.
Fraud or Misrepresentation: If the centre provided false information or deliberately misled you about what you were signing, the waiver may be unenforceable.
Lack of Intention to be Bound: If you clearly did not intend to give up your legal rights, and the centre knew or ought to have known this, the waiver might not hold up in court. This principle was highlighted in Zaky v. 2285771 Ontario Inc.[3], emphasizing the centre’s responsibility to ensure that parents genuinely understand the waiver's implications.
What does this mean for you as a parent? When signing waivers, pay close attention. Make sure you read carefully, ask questions if the language is unclear, and ensure the centre clearly explains any confusing terms. Activity centres, on the other hand, should transparently present waivers, avoiding overly technical language, fine print, or ambiguity.
In conclusion, while parental waivers at children's activity centres are usually enforceable in Ontario, significant exceptions exist that can protect parents in specific circumstances. As parents, being informed and vigilant ensures that you can confidently allow your children to enjoy enriching activities without inadvertently relinquishing your critical legal protections.
[1] [2002] O.J. No. 3916 (S.C.J.)
[2] [2008] CarswellOnt 9269 (Ont. Sup. Ct)
