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Going Beyond Medical Authorization Forms: The Need for Assumption of Risk and Informed Consent

Injuries are a common result of sports and athletic activities, but those injuries can cover a wide range of severity, from minor to catastrophic.  While most schools generally exercise reasonable care in operating their athletic programs, it is also important to include waiver and authorization forms as a part of your risk management strategy.  One form that RCM&D’s Risk Consultants strongly recommend is an Assumption of Risk and Informed Consent form.

Assumption of Risk and Informed Consent forms require everyone, from student athletes to club sport participants, to acknowledge the risks of their sport or activity in order to participate.  Students over the age of 18 can sign for themselves, while students under the age of 18, must obtain a parent or guardian’s signature. 

The titles of these documents can vary depending on applicable laws, customs, and the advice of your legal counsel, but their general content should include:

In addition, these forms can require students to acknowledge the risks of participating despite a pre-existing health condition.  Your school’s policies should address the procedure for obtaining medical evaluations of participants with potentially serious or life-threatening conditions, and we strongly recommend that you seek the advice of your legal counsel to determine any playing restrictions or preclusion of athletes with a disability.

Assumption of Risk and Informed Consent forms are an important component of a well-formed risk management strategy.