C.R.S. Section 13-22-107
Legislative declaration

  • definitions
  • children
  • waiver by parent of prospective negligence claims

(1)

Intentionally left blank —Ed.

(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; a person who has guardianship of the person, as defined in section 19-1-103; a person who has legal custody, as defined in section 19-1-103; a legal representative, as defined in section 19-1-103; a physical custodian, as defined in section 19-2.5-102; or a responsible person, as defined in section 19-1-103.

(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.

Source: Section 13-22-107 — Legislative declaration - definitions - children - waiver by parent of prospective negligence claims, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑22‑101
Competence of persons eighteen years of age or older 13‑22‑102
Minors - consent for medical care and treatment for use of drugs or a substance use disorder 13‑22‑103
Minors - consent for medical, dental, and related care 13‑22‑103.5
Minors - consent for medical care - pregnancy 13‑22‑104
Transplants and transfusions generally - declaration of policy - limit on liability of minors 13‑22‑105
Minors - consent - contraception 13‑22‑106
Minors - consent - sexual offense 13‑22‑107
Legislative declaration - definitions - children - waiver by parent of prospective negligence claims 13‑22‑201
Definitions 13‑22‑202
Notice 13‑22‑203
Applicability 13‑22‑204
Effect of agreement to arbitrate - nonwaivable provisions 13‑22‑205
Application for judicial relief 13‑22‑206
Validity of agreement to arbitrate 13‑22‑207
Motion to compel or stay arbitration 13‑22‑208
Provisional remedies 13‑22‑209
Initiation of arbitration 13‑22‑210
Consolidation of separate arbitration proceedings 13‑22‑211
Appointment of arbitrator - service as a neutral arbitrator 13‑22‑212
Disclosure by arbitrator 13‑22‑213
Action by majority 13‑22‑214
Immunity of arbitrator - competency to testify - attorney fees and costs 13‑22‑215
Arbitration process 13‑22‑216
Representation by attorney 13‑22‑217
Witnesses - subpoenas - depositions - discovery 13‑22‑218
Judicial enforcement of pre-award ruling by arbitrator 13‑22‑219
Award 13‑22‑220
Change of award by arbitrator 13‑22‑221
Remedies - fees and expenses of arbitration proceeding 13‑22‑222
Confirmation of award 13‑22‑223
Vacating award 13‑22‑224
Modification or correction of award 13‑22‑225
Judgment on award - attorney fees and litigation expenses 13‑22‑226
Jurisdiction 13‑22‑227
Venue 13‑22‑228
Appeals 13‑22‑229
Uniformity of application and construction 13‑22‑230
Saving clause 13‑22‑301
Short title 13‑22‑302
Definitions 13‑22‑303
Office of dispute resolution - establishment 13‑22‑304
Director - assistants 13‑22‑305
Mediation services 13‑22‑306
Office of dispute resolution programs - mediators 13‑22‑307
Confidentiality 13‑22‑308
Settlement of disputes 13‑22‑310
Dispute resolution fund - creation - source of funds 13‑22‑311
Court referral to mediation - duties of mediator 13‑22‑312
Applicability 13‑22‑313
Judicial referral to ancillary forms of alternative dispute resolution 13‑22‑501
Short title 13‑22‑502
Legislative declaration 13‑22‑503
Definitions 13‑22‑504
Agreement for alternative dispute resolution 13‑22‑505
Applicability 13‑22‑506
Choice of language 13‑22‑507
Immunity 13‑22‑601
Contracts pertaining to marijuana enforceable 13‑22‑701
Short title 13‑22‑702
Legislative declaration 13‑22‑703
Definitions 13‑22‑704
Notification concerning abortion 13‑22‑705
No notice required - when 13‑22‑706
Penalties - damages - defenses 13‑22‑707
Judicial bypass - rules 13‑22‑708
Limitations
Green check means up to date. Up to date

Current through Fall 2024

§ 13-22-107’s source at colorado​.gov