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A waiver is designed to make the signee aware of the actual or implied risks/dangers involved in the activity they are about to undertake. Some activities, such as physical athletic sports, have inherent danger that a person accepts by participating (assumption of the risks doctrine).
Parental permission slips were used to grant consent to a school or group to take someone under the legal age of consent somewhere. It still does not excuse them from liability in the event of an injury arising out of the negligence or recklessness of said school or group.
So the question is - Can a Fraternity or Sorority ask a pledge or member to sign a waiver excusing the organization of liability in the event that harm or injury results? A quick answer is No. A simple way to explain it is that you can't waive your rights away, and you can't sign a form that let's someone murder you. Directly inflicting or causing a person to be put in a life-threatening or dangerous situation is the responsibility of all persons involved. If you knowingly or intentionally create the risks, you will no doubt be held responsible for the consequences.
A waiver is still a smart idea, it establishes clear and absolute proof that a person was aware and agreed to the risks involved, just check the back of any baseball ticket. If injury or death occurs, then a group will be protected as long as they are not at fault.
Hope that helps a little.
- RUgreek
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