42
C
ASE: 6
BACKGROUND
· Merav Sharon, a high school junior, had been a cheerleader for her school's football and
basketball teams since her freshman year.
· During her junior year, while still a minor, the high school she attended required all students
and at least one parent/guardian to sign a release in the event a student was injured during a
voluntary extra-curricular activity.
· Merav and her father signed the release.
· Merav fell from a teammate's shoulders while rehearsing a pyramid formation cheer and
sustained a severe injury to her left arm ultimately resulting in surgery.
· Merav alleged that the high school was negligent in its failure to train and supervise the
cheerleaders.
· The school argued that since Merav and her father signed a parental consent release, the school
was not responsible for her injuries.
BEFORE YOU BEGIN
You Be the Judge!
You Be the Judge!
Sharon v. City of Newton
Contracts Not to Sue
What is a contract?
A contract is an agreement between two or
more competent parties to perform or to
refrain from performing some legal act. If one
party breaches the contract, the other party
can attempt to enforce their contractual rights
in a court of law.
What is a parental consent release?
In the absence of fraud, a person, or parent/
guardian on behalf of a minor, may enter into
a contract with another party which releases
the party (school) from any liability caused by
its own alleged negligent acts.
Can a minor enter into a contract?
A contract cannot be entered into by a minor
(a person 17 or younger). If a minor signs a
contract, that contract will not be enforceable
against the minor unless a parent or guardian
represented the minor at the time of the
contract formation. A parent/guardian
acting in the best interest of the child has
a fundamental right to make decisions
regarding the minor's health and safety.
Is a release valid as a condition
to participate in extra-curricular
activities?
Yes, releases are widely used by educational
institutions to protect the school from
lawsuits by students who are injured during
participation in these activities.
For Evaluation Purposes Only