Are you complying with the current FTC rules when you ask someone to tag you on a social network?

Anyone who is paid, related through business or family or receives a gift from the company when they are tagging on social media must indicate that in their post with #ad or #sponsored.

New Federal Trade Commission rules now require business that have a relationship with an influencer to require the influencer to also identify the relationship as one that is sponsored. The FTC uses the term Endorser rather than influencer.

The new regulations are based on the truth in advertising regulations which can be found at: Guides Concerning the Use of Endorsements and Testimonials in Advertising

The FTC has determined that social media now falls within the purviews of the truth in advertising act and the FTC. The FTC has also already levied its first fines against two YouTube stars for their actions. See Three FTC actions of interest to influencers.

Because tagging on social media is now considered deceptive advertising, the FTC can levy civil fines for violations of its rules.

Definitions

Affecting the Consumer Judgement: Whether or not you believe the disclosure will affect the judgement of the influence or whether the influencer believes it will affect his or her judgment still requires disclosure.

Affiliate Program: is a program where the author receives a commission or payment from the retailer or brand for linking to their site

Aspirational Endorsements: Writing about a product or brand that you would like to get.

Deceptive Practice: An act or practice is deceptive if it misleads “a significant minority” of consumers

Endorsement: endorsement means any advertising message (including verbal statements, demonstrations, or depictions of the name, signature, likeness or other identifying personal characteristics of an individual or the name or seal of an organization) that consumers are likely to believe reflects the opinions, beliefs, findings, or experiences of a party other than the sponsoring advertiser, even if the views expressed by that party are identical to those of the sponsoring advertiser.
A Testimonial is the same as an endorsement
Tagging a product, brand or company name in a post is an endorsement

Endorser: The party whose opinions, beliefs, findings, or experience the message appears to reflect will be called the endorser and may be an individual, group, or institution.
An influencer is an endorser

Expert: is an individual, group, or institution possessing, as a result of experience, study, or training, knowledge of a particular subject, which knowledge is superior to what ordinary individuals generally acquire.

Influencer: Endorser

Like Buttons: are not disclosures. You must write or post a video or photograph of the product to classify it as an endorsement to qualify as a disclosure.

Material Connection: a connection that might affect the weight or credibility that consumers give the endorsement – like a business or family relationship, a payment, or the gift of a free product. That connection should be clearly and conspicuously disclosed unless it’s already clear from the context of the communication.

Negative Endorsements: still require disclosure

Payment: something of value of any value, a gift, money, the product itself, free stays or entrances at amusements, hotels, etc. that you mention in a post. The payment may have not actual value, if the influencer receives any type of benefit from the brand.
Payments or contributions to charity by a brand based on posts are subject to the rules.

Product:
includes any product, service, company or industry.

Relationship: Relationships require disclosure if there is a family connection or a business connection. Both connections require fuller disclosures.

Repeated Endorsements: Every time an influencer writes about a product or brand in a positive way requires a disclosure. Disclosing once and then writing about the product later requires an additional disclosure.

Tagging: Tagging falls under the disclosure rules. If you tag a product of a brand that provided you with a payment, you must disclose.

Visibility: The disclosure should catch users’ attention and be placed where they aren’t likely to miss it.

Generally, Endorsements must:

  1. must be truthful and not misleading.
  2. If there’s a connection between an endorser and the marketer of the product that would affect how people evaluate the endorsement, disclose it clearly and conspicuously.
  3. If the advertiser doesn’t have proof that an endorser’s experience represents what consumers will achieve by using the product, clearly and conspicuously disclose the generally expected results in those circumstances.

The test is whether or not knowing the endorsement or mention would influence the person reading post. Consequently, everything promoted by a brand is an endorsement because the purpose is to influence consumers.

The legal responsibility to make sure influencers understand the rules falls upon the brand. And influencers must disclose that relationship to the public.

The FTC has come up with the following rules:

  • Disclosures must be clear. They cannot be unambiguous. It must be clear that the social media post is being purchased, even if that purchase is a gift
  • Disclosures must be clear and conspicuous. Clear and conspicuous means
    • close to the claims to which they relate
    • in a font that is easy to read;
    • in a shade that stands out against the background;
    • for video ads, on the screen long enough to be noticed, read, and understood;
    • for audio disclosures, read at a cadence that is easy for consumers to follow and in words consumers will understand.
  • Hashtags can be used to make this disclosure. So far, the only hashtags are #Sponsored or #ad. There may be an opportunity to use the hashtag #Partner if it includes the name of the brand such as #PartnerManufacturer or #Manufacturer_Partner where Manufacturer is replaced with the Manufacturer or Brand name.
  • The disclosure must be visible and not hard to miss. Hashtags cannot be hidden in the middle of a group of hashtags and the cannot be added to the end of another hashtag. The disclosure must be easily spotted by the consumer.
  • Disclosures on Instagram must be above the more button in the first three lines of text.
  • #XYZ_Ambassador may be sufficient where the XYZ is the name of the brand

Examples of what the FTC thinks is a proper disclosure include:

  • Company X gave me [name of product], and I think it’s great
  • The products I’m going to use in this video were given to me by their manufacturers.
  • Paid, unless you are an employee or co-owner

What does not work according to the FTC

  • Single disclosures on a homepage that some of the products have been given to you is not sufficient.
  • Video disclosures must be in the video. It is not sufficient to post the disclosure in the description.
  • Hyperlinks are not sufficient. The disclosure must be with the product endorsement
  • “#client” “#advisor” and “#consultant are not sufficient to be a disclosure
  • “#ambassador” or “#[BRAND]_Ambassador are insufficient to be a disclosure
  • hidden or buried in footnotes
  • in blocks of text people are not likely to read
  • in hyperlinks
  • Not hard to find,
  • Not tough to understand
  • Not fleeting
  • Not buried in unrelated details
  • Not if other elements in the ad or message obscure or distract from the disclosures, they don’t meet the “clear and conspicuous” standard.

Rules for Endorsers or Influencers

  • You can’t talk about your experience with a product if you haven’t tried it.
  • If you were paid to try a product and you thought it was terrible, you can’t say it’s terrific
  • You can’t make claims about a product that would require proof the advertiser doesn’t have
  • Any claims you make must have a reasonable basis for making those claims.

What about contests or Sweepstakes

They too fall within the frame work and require disclosure. Use of the words “contest” or “sweepstakes in a hashtag are sufficient.

The FTC places the liability for monitoring social media on the company or brands who have a duty to train and monitor their networks.

These rules apply to affiliate programs with retailers or manufacturers.

If you are an employee of a company making posts on social media about the company products you must include your employment in the post. If the actions or posts of the employee, even likes or shares could be viewed as an advertisement for the company than a disclosure must be made. The hashtag #Employee is not good enough, the hashtag #XYZBrand_Employee is.

References

Influencers, are your #materialconnection #disclosures #clearandconspicuous?

Guides Concerning the Use of Endorsements and Testimonials in Advertising

Three FTC actions of interest to influencers

The FTC Endorsement Guides: What People are Asking

Answering your questions about endorsements

What do you think? Leave a comment.

Copyright 2018 Recreation Law (720) 334 8529

If you like this let your friends know or post it on FB, Twitter or LinkedIn

 

If you are interested in having me write your release, fill out this Information Form and Contract and send it to me.

Author: Outdoor Recreation Insurance, Risk Management and Law

To Purchase Go Here:

Facebook Page: Outdoor Recreation & Adventure Travel Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:
www.recreation-law.com

Mobile Site: http://m.recreation-law.com

By Recreation Law    Rec-law@recreation-law.com    James H. Moss

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer,



Act Now & Stop this Minnesota bill

Minnesota Legislation is considering a bill that would eliminate releases (waivers) in Minnesota for recreational activities.

What the legislature does not understand is this bill will eliminate recreational activities in Minnesota.

Again, the Minnesota Senate and the House have introduced bills to ban releases in MN for recreational activities. Here is a copy of the Senate bill.

A bill for an act relating to civil actions; voiding a waiver of liability for ordinary negligence involving a consumer service; amending Minnesota Statutes 2018, section 604.055, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 604.055, subdivision 1, is amended to read:

Subdivision 1.

Certain agreements are void and unenforceable.

An agreement between parties for a consumer service, including a recreational activity, that purports to release, limit, or waive the liability of one party for damage, injuries, or death resulting from conduct that constitutes new text begin ordinary negligence or new text end greater than ordinary negligence is against public policy and void and unenforceable.

The agreement, or portion thereof, is severable from a release, limitation, or waiver of liability for damage, injuries, or death resulting from deleted text begin conduct that constitutes ordinary negligence or for deleted text end risks that are inherent in a particular activity.

EFFECTIVE DATE.

This section is effective August 1, 2019, and applies to agreements first signed or accepted on or after that date.

Without the defenses supplied by releases in Minnesota:

  • Insurance costs will skyrocket. After OR outlawed releases some premiums jumped 2.5 times.
  • Insurance for many activities will be impossible to find.
  • Either because of the costs or the lack of premium recreation business will close.
  • The first group of recreation businesses to go will be those serving kids. They get hurt easy, and their parents sue easy.
  • Minnesota courts will back log because the only defense available will be assumption of the risk. Assumption of the risk is determined in the vast majority of cases by the jury. Consequently, it will take years to get to trial and prove the injured plaintiff assumed the risk.

Do Something

Contact your Senator and Representative and tell them you are opposed to this bill. Do it by telephone and in writing.

Find other organizations, trade associations and the like and join with them to give them more power because they have more people they represent.

Explain the bill to your friends and neighbors, so they can voice their opinion. Encourage them to do so.

Become politically aware so you know what is going on with the legislature and how to fight bills like this.

What do you think? Leave a comment.

Copyright 2018 Recreation Law (720) 334 8529

If you like this let your friends know or post it on FB, Twitter or LinkedIn

If you are interested in having me write your release, fill out this Information Form and Contract and send it to me.

Author: Outdoor Recreation Insurance, Risk Management and Law

To Purchase Go Here:

Facebook Page: Outdoor Recreation & Adventure Travel Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:
www.recreation-law.com

Mobile Site: http://m.recreation-law.com

By Recreation Law    Rec-law@recreation-law.com    James H. Moss

#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer,



No Child Left Inside Act needs your support

As the Senate HELP Committee prepares to mark up ESEA legislation beginning Wednesday, they need to hear from you TODAY. 

Encourage the Senate Help Committee to include NCLI as they reauthorize ESEA.
 
This week, the Senate Committee on Health, Education, Labor and Pensions (HELP) will mark up a draft of the Elementary and Secondary Education Act (ESEA).

Please call your Senator if s/he is on the HELP Committee TODAY (or as late as Wednesday) to urge their support for the inclusion of the NCLI Act (S.1372) in the reauthorization of ESEA. A phone call will take you just 3 minutes, and we have provided a script below to make it easy!

This is a very big week for all of us, and together we can make a difference! Thank you for taking action today.

Phone Call Instructions for Senators on the HELP Committee
Find your Senator’s DC Office phone number on the attached list of phone numbers for HELP Committee members.

· Always leave a voice message if you don’t get the staffer, be sure to hit the key points and leave the contact # for Sen Reed’s Office
· If you have a question that you cannot answer, write it down, reach out to us with the question, and let them know you’ll get back to them – this happens all the time, you don’t have to know it all!
· If your Senator is already a co-sponsor (noted on the attached contact list), thank staff for their support, but continue with the script and remind them that we’d like their support at mark up.

Call Script – you can literally just read from this, or adjust as you see fit:
 
My name is [NAME] calling from [ORGANIZATION NAME IF APPLICABLE] in [LOCATION] to speak with the staffer who handles education issues for the Senator.
[Once transferred, reintroduce yourself to the education staffer (or on voicemail if necessary), mention that you are a constituent of the Senator and if applicable the name of your organization]
[SAY THE FOLLOWING] I’m calling to ask that member SENATOR NAME support including environmental education during the mark up of the Elementary and Secondary Education Act scheduled for October 18th.  Specifically, we’d like to see the main provisions of the No Child Left Inside Act – bill # S. 1372 – be imbedded in ESEA. The main provisions include incentive funding tied to State Environmental Literacy Plans.  [THIS IS THE KEY MESSAGE, SAY THIS FIRST]
[YOU THEN MAY WISH TO SHARE WHY EE IS SO IMPORTANT] The No Child Left Inside Act will provide critical tools for a 21st Century, innovative workforce by providing students with the skills to understand complex environmental issues so they may make informed decisions in their own lives and find solutions for real world challenges facing us as a nation.
[LET THEM KNOW WHO TO CONTACT FOR MORE INFORMATION] Feel free to contact  Moira Lenehan Razzuri in Senator Jack Reed’s  office for more information.  Her phone number is 202-224-4642.  [IF LEAVING A MESSAGE] I can be reached at [PHONE #].

Call Today
What do you think? Leave a comment.

Copyright 2011 Recreation Law (720) Edit Law, Recreation.Law@Gmail.com

Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
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Great editorial questioning why we need laws to “protect” us from ourselves.

Besides, as many of you know, the effectiveness of most safety gear is less successful than the laws requiring the gear.

An editorial in the Sacramento Bee titled Editorial Notebook: Do we need laws to end every kind of risk?, upports California Governor Jerry Brown’s vetoing a law that would have fined parents for allowing their children to ski without a helmet. (See California bill to require helmets on skiers and boarders under age 18 dies lacking governor’s signature.) The Governor vetoed the bill with this statement: “Not every human problem deserves a law.”

The editorial looks at the entire issue from several different perspectives. The writer first looks at the proliferation of laws applying to Californians.

In California, bicyclists under the age of 18 are required to wear helmets. But it doesn’t stop at bicycles. Skateboarders, in-line skaters and scooter riders are required by law to wear helmets, too, if they are under 18.
Even bike passengers under the age of 5 have to wear helmets.
In New Mexico, tricycle riders are required to wear helmets – really, tricycle riders!

The author then states that the laws are just creating a nation of wimps.

Have we become a nation of wimps, so risk-averse we have created protective gear for every potential mishap, no matter how remote? Worse, we’ve written laws that force us into this perpetual defensive crouch.

The author blames many different groups of people for the unnecessary laws.

I can’t tell if it’s the insurance industry that’s pushing it or the trial lawyers trawling for someone to sue or just nervous parents with their single precious progeny. I suspect a bit of all three.

Nor does he let the media escape the blame.

There’s another culprit in all this: the media. We provide blanket coverage of every tragedy. Every crime, every accident, particularly when a child is involved, is endlessly reported on, blown out of proportion. In ways subtle and not so subtle, we tell parents – and by extension our children – be afraid, be very afraid.

I agree with the media statement. Growing up I had access to one newspaper. It printed what occurred in the Nation, the world, Ohio, the local county and sports. There was no room, nor need for an article on a skiing accident in California or a kayaking death in Maine. It did not matter; those were local issues for those local newspapers. Now we get news thrown at us from around the world with the same importance as the hometown city council meeting, and we are expected to show the same concern.

I am as guilty of that as any other media outlet. I find tragedies and lawsuits and post them on my Facebook page regularly. The article has me thinking. Is my audience narrow enough, industry people, that I’m not creating problems?

The author’s final issue is do we need all the protective gear?

When I was a kid, not every accident was grounds for a lawsuit. When I was a kid, playgrounds, toys and athletic equipment were not cluttered with warning signs written by insurance companies to protect against liability. 

Combine all these issues and the author makes valid points. Add to that the effectiveness of current helmets used in recreational sports, and the entire argument falters. Add to that the issue that mandatory helmet laws reduce participation. See A father of a deceased skier pushing for a helmet law in New Jersey.

Do Something

Go to the website, read the article and support comments like this. You can also like the article on Facebook.
See Do we need laws to end every kind of risk?

What do you think? Leave a comment.

Copyright 2011 Recreation Law (720) Edit Law, Recreation.Law@Gmail.com
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Blog: www.recreation-law.com
Mobile Site: http://m.recreation-law.com
Keywords: #recreationlaw, #@recreationlaw, #cycling.law #fitness.law, #ski.law, #outside.law, #recreation.law, #recreation-law.com, #outdoor law, #recreation law, #outdoor recreation law, #adventure travel law, #law, #travel law, #Jim Moss, #James H. Moss, #attorney at law, #tourism, #adventure tourism, #rec-law, #rec-law blog, #recreation law, #recreation law blog, #risk management, #Human Powered, #human powered recreation,# cycling law, #bicycling law, #fitness law, #recreation-law.com, #backpacking, #hiking, #Mountaineering, #ice climbing, #rock climbing, #ropes course, #challenge course, #summer camp, #camps, #youth camps, #skiing, #ski areas, #negligence, #editorial, #Sacramento; #helmets, #governor, #Brown,

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Authors are responsible for accidents.

The intelligence behind this proposed law matches the intelligence behind several of the laws in Hawaii.

If you need money, go to Hawaii and get hurt. California we always thought made it easy to sue. However, Hawaii has far surpassed any attempt by CA to reign as king of litigation.

In Hawaii a bill was passed to stop litigation for recreation business that only took away the defenses the recreation businesses had and made suing them easier.

In Hawaii the state is liable for anything that happens on their parks, which usually means something stupid or inane by tourists.

In Hawaii the National Park Service is dragged into writing big checks because stay law requires it.
So in an effort to curb injuries, and probably pay outs, a law is being proposed in Hawaii that would make authors of guide books liable for injuries of people to who took the authors’ advice.

Can’t you see the next Hawaiian guidebook? The top ten padded rooms to see while visiting Hawaii.
See Guidebooks to Risky Attractions Stir Up Trouble in Paradise

Eventually, a lot of people will spend money, and lawyers will get rich proving that the First Amendment works in Hawaii. It did not get lost traveling over the Pacific Ocean. It will take time and legislators will pat themselves on the back and say they have done something to make Hawaii safer.

Do Something

1. Send a letter to the Governor of Hawaii and remind the governor that there is a first amendment, and it does work in Hawaii.
2. Tell the Governor if they want to quit writing checks they need to pass a law that says if you are stupid you can’t collect money.
3. Tell the Governor to pass a law that says a release is a valid contract that Hawaiian business should be allowed to use.
4. Tell the Governor to veto any bill holding authors liable for the acts of others.

What do you think? Leave a comment.

Copyright 2011 Recreation Law (720) Edit Law, Recreation.Law@Gmail.com

Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law

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Colorado has a “Bill of Rights” for kids to experience the outdoors.

This is really cool.

 CO_OBOR_English

What do you think? Leave a comment.

Copyright 2010 Recreation Law (720) Edit Law, Recreation.Law@Gmail.com

Twitter: RecreationLaw
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Statutes and prospective language to allow a parent to sign away a minor’s right to sue.

Now is the time to move a statute like this forward in your state.

Three states allow a parent to sign away a child’s right to sue by statute: Alaska, Florida and Colorado. Five (maybe 6) states allow a parent to sign away a minor’s right to sue by Supreme Court Decision. See States that allow a parent to sign away a minor’s right to sue. With more legislatures leaning to the conservative side, now is the time to introduce and get a law like these passed in your state. To assist you, at the end I have included language that I would propose for the statute.

Colorado

C.R.S. §§13-22-107. Legislative declaration – definitions – children – waiver by parent of prospective negligence claims
(1) (a) The general assembly hereby finds, determines, and declares it is the public policy of this state that:
(I) Children of this state should have the maximum opportunity to participate in sporting, recreational, educational, and other activities where certain risks may exist;
(II) Public, private, and non-profit entities providing these essential activities to children in Colorado need a measure of protection against lawsuits, and without the measure of protection these entities may be unwilling or unable to provide the activities;
(III) Parents have a fundamental right and responsibility to make decisions concerning the care, custody, and control of their children. The law has long presumed that parents act in the best interest of their children.
(IV) Parents make conscious choices every day on behalf of their children concerning the risks and benefits of participation in activities that may involve risk;
(V) These are proper parental choices on behalf of children that should not be ignored. So long as the decision is voluntary and informed, the decision should be given the same dignity as decisions regarding schooling, medical treatment, and religious education; and
(VI) It is the intent of the general assembly to encourage the affordability and availability of youth activities in this state by permitting a parent of a child to release a prospective negligence claim of the child against certain persons and entities involved in providing the opportunity to participate in the activities.
(b) The general assembly further declares that the Colorado supreme court’s holding in case number 00SC885, 48 P.3d 1229 (Colo. 2002), has not been adopted by the general assembly and does not reflect the intent of the general assembly or the public policy of this state.
(2) As used in this section, unless the context otherwise requires:
(a) “Child” means a person under eighteen years of age.
(b) For purposes of this section only, “parent” means a parent, as defined in section 19-1-103 (82), C.R.S., a person who has guardianship of the person, as defined in section 19-1-103 (60), C.R.S., a person who has legal custody, as defined in section 19-1-103 (73), C.R.S., a legal representative, as defined in section 19-1-103 (73.5), C.R.S., a physical custodian, as defined in section 19-1-103 (84), C.R.S., or a responsible person, as defined in section 19-1-103 (94), C.R.S.
(3) A parent of a child may, on behalf of the child, release or waive the child’s prospective claim for negligence.
(4) Nothing in this section shall be construed to permit a parent acting on behalf of his or her child to waive the child’s prospective claim against a person or entity for a willful and wanton act or omission, a reckless act or omission, or a grossly negligent act or omission.

Florida Statute on Guardian right to sign away a minor’s right to sue.

Fla. Stat. § 744.301 (2010)
§ 744.301. Natural guardians
(3) In addition to the authority granted in subsection (2), natural guardians are authorized, on behalf of any of their minor children, to waive and release, in advance, any claim or cause of action against a commercial activity provider, or its owners, affiliates, employees, or agents, which would accrue to a minor child for personal injury, including death, and property damage resulting from an inherent risk in the activity.
(a) As used in this subsection, the term “inherent risk” means those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if the activity provider acts with due care in a reasonably prudent manner. The term includes, but is not limited to:
1. The failure by the activity provider to warn the natural guardian or minor child of an inherent risk; and
2. The risk that the minor child or another participant in the activity may act in a negligent or intentional manner and contribute to the injury or death of the minor child. A participant does not include the activity provider or its owners, affiliates, employees, or agents.
(b) To be enforceable, a waiver or release executed under this subsection must, at a minimum, include the following statement in uppercase type that is at least 5 points larger than, and clearly distinguishable from, the rest of the text of the waiver or release:

Alaska

Alaska Stat. § 09.65.292 (2011)
Sec. 09.65.292. Parental waiver of child’s negligence claim against provider of sports or recreational activity
(a) Except as provided in (b) of this section, a parent may, on behalf of the parent’s child, release or waive the child’s prospective claim for negligence against the provider of a sports or recreational activity in which the child participates to the extent that the activities to which the waiver applies are clearly and conspicuously set out in the written waiver and to the extent the waiver is otherwise valid. The release or waiver must be in writing and shall be signed by the child’s parent.
(b) A parent may not release or waive a child’s prospective claim against a provider of a sports or recreational activity for reckless or intentional misconduct.
(c) In this section,
(1) “child” means a minor who is not emancipated;
(2) “parent” means
(A) the child’s natural or adoptive parent;
(B) the child’s guardian or other person appointed by the court to act on behalf of the child;
(C) a representative of the Department of Health and Social Services if the child is in the legal custody of the state;
(D) a person who has a valid power of attorney concerning the child; or
(E) for a child not living with the child’s natural or adoptive parent, the child’s grandparent, aunt, uncle, sister, or brother who has reached the age of majority and with whom the child lives;
(3) “provider” has the meaning given in AS 09.65.290;
(4) “sports or recreational activity” has the meaning given in AS 09.65.290.

My suggestion on how the law should read.

Legislative declaration – definitions – minor children – waiver by parent or guardian of prospective negligence claims
(1) (a) The general assembly hereby finds, determines, and declares it is the public policy of this state that:
(I) Children of this state should have the maximum opportunity to participate in sporting, recreational, educational, and other activities where certain risks may exist;
(II) Public, private, and non-profit entities providing these essential activities to children in _____________ (state) need a measure of protection against lawsuits, and without the measure of protection these entities may be unwilling or unable to provide the activities;
(III) Parents have a legal and fundamental right and responsibility to make decisions concerning the care, custody, and control of their minor children. The law has long presumed that parents act in the best interest of their children. Troxel v. Granville, 530 U.S. 57; 120 S. Ct. 2054; 147 L. Ed. 2d 49; 2000 U.S. LEXIS 3767; 68 U.S.L.W. 4458; 2000 Cal. Daily Op. Service 4345; 2000 Daily Journal DAR 5831; 2000 Colo. J. C.A.R. 3199; 13 Fla. L. Weekly Fed. S 365 (Troxel is a US Supreme Court decision that allows a parent to sign away a child’s right to sue. See Courtney Love in Outdoor Recreation Law.)
(IV) Parents make conscious choices every day on behalf of their children concerning the risks and benefits of participation in activities that may involve risk;
(V) These are proper parental choices on behalf of children that should not be ignored. So long as the decision is voluntary and informed, the decision should be given the same dignity as decisions regarding schooling, medical treatment, and religious education; and
(VI) It is the intent of the general assembly to encourage the affordability and availability of youth activities in this state by permitting a parent of a child to release a prospective negligence claim of the child against certain persons and entities involved in providing the opportunity to participate in the activities.
(a) “Child” means a person under eighteen years of age at the time of incident, loss, injury or accident.
(b) For purposes of this section only, “parent” means a parent, a person who has guardianship of the person, a person who has legal custody, a legal representative, a physical custodian or a responsible person, in temporary custody and control of the minor Child.
(3) A Parent of a Child may, on behalf of the Child, release and waive, in advance, any claim or cause of action against a private, commercial, governmental or non-profit, activity provider, business, program or activity, or its owners, affiliates, employees, volunteers or agents, which would accrue to a minor child for personal injury, including death, and property damage resulting from the risk or an inherent risk in the activity or the Child’s prospective claim for negligence.
(4) Nothing in this section shall be construed to permit a parent acting on behalf of his or her child to waive the child’s prospective claim against a person or entity for a willful and wanton act or omission, a reckless act or omission, or a grossly negligent act or omission.

To work you will need to round up everyone who deals with kids. Little League and other youth sports groups, day care centers, youth programs like Scouts, commercial programs like camps, day camps and anyone serving youth as well as major organizations that may be in your state like NOLS and Outward Bound.

Your statutory language may vary based on current state laws and court interpretations, but go for it.  You can only lose time and get a civics lesson.

This won’t save you money on your insurance that never happens. However, it may help keep your insurance from going up and keep you out of court.

What do you think? Leave a comment.

 
Copyright 2010 Recreation Law (720) Edit Law, Recreation.Law@Gmail.com

Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Blog: www.recreation-law.com

Keywords: #recreation-law.com, #outdoor law, #recreation law, #outdoor recreation law, #adventure travel law, #law, #travel law, #Jim Moss, #James H. Moss, #attorney at law, #tourism, #adventure tourism, #rec-law, #rec-law blog, #recreation law, #recreation law blog, #risk management, #Human Powered, #human powered recreation,# cycling law, #bicycling law, #fitness law, #recreation-law.com, #backpacking, #hiking, #Mountaineering, #ice climbing, #rock climbing, #ropes course, #challenge course, #summer camp, #camps, #youth camps, #skiing, #ski areas, #negligence, #minor, #parent, #waiver, #release,
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