Adults or parents may sign clear releases covering ordinary-negligence injuries during sports, fitness or recreation, but not several serious misconduct claims.
Sports, fitness and recreation operators may ask adults or parents to sign clear releases for ordinary-negligence injury claims, with important exceptions.
An operator may require a participant, or a parent or guardian for a minor, to sign a written release covering injury claims based on ordinary negligence. The rule covers indoor and outdoor sports, fitness and recreational activities, including activities such as swimming, boating, biking, camping, skiing and hiking. The person must voluntarily sign a clear release that explains the activity's risks and gives up claims for injuries resulting from those risks. The release may not cover gross negligence, reckless conduct, intentional wrongdoing, negligence per se, certain safety-equipment or training claims, abuse or assault, specified serious employee misconduct, or most vehicle-operation claims. A broader release is read only within these limits, and the rule does not change ORS 30.970 to 30.990. The text says the measure takes effect on passage, and the rule applies to releases signed before, on or after that date when the injury claim arises on or after that date.
No hearings or votes scheduled.