When you sign a liability waiver at a trampoline park, gym, or recreational facility, you might feel like you have no choice but to agree to everything. But you may have more options than you think.
Attorney Brian Dettman shares that when he signs waivers for his children, he writes ‘no waive jury’ next to his initials when the form asks him to waive his right to a jury trial. His point: you can note your objections in writing.
This video went viral, generating nearly 200 comments and passionate debate. Viewers shared their own approaches: signing ‘under duress,’ writing ‘DECLINED,’ or even signing as ‘Mickey Mouse.’ One parent reported marking up their child’s school Chromebook agreement extensively – though noted that staff didn’t even look at it.
A common concern raised: what about electronic forms where you can’t make modifications? As one viewer put it, ‘The thing that pisses me off is when I have no option and the staff have no authority to allow me to circumvent the automated form.’ Attorney Dettman agrees these ‘clickwrap’ agreements raise real questions about whether there’s a true ‘meeting of the minds.’
The legal debate among commenters was fierce. Some attorneys argued that handwritten modifications constitute a counter-offer requiring acceptance. Others disagreed, saying businesses don’t explicitly accept your changes. Dettman’s position: handwritten terms normally overpower boilerplate language, and he likes his odds if this ever ends up before a judge.
Whether staff members notice these additions is another question. But the practice raises an interesting legal principle – modifications to contracts, when accepted by the other party, can be binding. If you cross something out or add language, and the business accepts the form without objection, there’s an argument that your modification stands.
The broader point many viewers agreed on: waiving your right to a jury trial should arguably be illegal. For parents signing waivers for children’s activities, at minimum this is worth considering. You may not be able to negotiate the terms, but you can document your position in writing.
*Comments referenced above are from social media discussions, not client testimonials, and were accurate as of the time this article was created.*
Don’t Waive Your Right to a Jury Trial: What I Write on Waivers
Do not waive away your rights.
https://www.tiktok.com/@dettmanlawinjurylawyer/video/7576293821944761630
This right here is a waiver that I sign for my kid. Does anybody really think that the staff and employees are going to see what I wrote next to it? Obviously I initialed it – it says BD, Brian Dettman – but then next to it, it says ‘no waive jury.’ The reason for that is they made me click a little box that said I waive my right to a jury trial, which as a personal injury lawyer is offensive to me. You can do this too – just write it in.
