1 | Representative Horner offered the following: |
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3 | Substitute Amendment for Amendment (344949) (with title |
4 | amendment) |
5 | Remove lines 40-54 and insert: |
6 | (b) In addition to the authority granted in paragraph (a), |
7 | natural guardians are authorized, on behalf of any of their |
8 | minor children, to waive and release, in advance, any claim or |
9 | cause of action that would accrue to any of their minor children |
10 | to the same extent that any adult may do so on his or her own |
11 | behalf. Waivers and releases under this paragraph are disfavored |
12 | and must be strictly construed against a party claiming to be |
13 | relieved of liability due to such a waiver and release. Such |
14 | waivers and releases are enforceable only where and to the |
15 | extent that the intention to be relieved of liability was made |
16 | clear and unequivocal in the waiver and release and the wording |
17 | of the waiver and release was so clear and understandable that |
18 | an ordinary and knowledgeable person would know what he or she |
19 | would be contracting away. No such waiver and release shall |
20 | relieve a released party of liability for the released party's |
21 | negligent hiring of an employee who may have contact with minors |
22 | and who appears in a database of sexual predators and sexual |
23 | offenders maintained by the Department of Law Enforcement or the |
24 | United States Department of Justice. Nothing in this paragraph |
25 | shall be construed to allow such a waiver and release for |
26 | illegal acts. |
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29 | ----------------------------------------------------- |
30 | T I T L E A M E N D M E N T |
31 | Remove line 11 and insert: |
32 | providing that such waiver and release shall not relieve a party |
33 | of liability for the party's negligent hiring of an employee who |
34 | may have contact with minors and who appears in specified |
35 | databases of sexual predators and sexual offenders; providing |
36 | that such a waiver and release may not be |