Sharon
was injured during cheerleader practice.Her father had signed a "Parental Consent, Release
from Liability and Indemnity Agreement" with the school.
Newton
asked for and received summary judgment based on the waiver.Sharon appealed on the basis that
they didn't realize that they were waiving the right to make claims
against the school by signing the form.
Sharon
also argued that the waiver was made under duress because she would have been barred from
participating in cheerleading if her father hadn't signed it.
Appellate
Court upheld the Trial Court's decision and dismissed the case.
Appellate
Court felt that the waiver was clearly labeled and a reasonable person
would have understood what they were signing.
Appellate
Court held that Sharon had a duty to read the contract.It's
not Newton's fault if the Sharons signed a contract they didn't read or
understand.
Appellate
Court held that for voluntary
activities, like cheerleading, it's a take it or leave it situation (better known as a contract
of adhesion).There is no duress.
Could
Sharon's father could sign away her legal right to sue?And if so, could Sharon disaffirm the contract under the infancy
doctrine, which gives minors the
right to repudiate contracts under certain circumstances?
Here,
the Court said that the infancy doctrine does not apply.The purpose of permitting minors to void contracts is to afford
them protection from "their own improvidence and want of sound
judgment."In this
case, the father's judgment sufficed.
