Originally Posted by Unregistered:
Do what you want, but when you lose your property you'll know why. Certain things you can't waive away. Like I knew someone who had a sign about their dog. I forgot the wording, but it basically said keep off of their property because the dog will attack you. Someone went on their property and got attacked. The got a cash settlement and the dog was put down. There's a lot of things you can't waive away. (I know that isn't a waiver, but you get the jist.) A judge isn't going to the same logic you do. The judge (if ruling against you) would say you should have hired a service or close for the day if you're not able to clear the space. You can't, and the parents, waive the rights of a minor. Let's say the waiver prevents and injured parent from suing you for their injuries, they can sue for their child(ren)'s injuries. I'm not trying to argue, but this is really a serious matter.
Actually I've received my advice from a lawyer, not the Internet court
There is a difference between a "beware of dog" sign, which is acknowledging you have a dangerous animal on your property, and a waiver. The sign doesn't allow for consent of the other party. It's simply a warning.
There's a reason schools, day cares, etc have waivers. They are not as meaningless as some believe. They won't protect you if you are negligent (i.e.: driving drunk with day care kids in the car) but if you are driving day care kids (with parents written permission and waiver) and are hit by a drunk driver, it offers some protection. Parents can't come back and say "but I didn't know!" Or "she didn't have permission!" That's the exact example I was given by a lawyer.
There are times storms happen during the day care day and I can't safely get out to clear. Legally I can't leave kids inside and be out, so shoveling during nap can't happen. In addition I do contract with a plowing service but he has other clients and isn't always here first. In those cases a waiver would be beneficial. I'm showing that I am making a REASONABLE effort to keep my pathways clear. I do agree that if it's days after a storm (IIRC, it's a 24 hour rule - giving one full day to clear walkways), or I know before opening I can't get cleared I would close because then it would be negligence and the waiver doesn't protect against negligent behavior.
A real life example would be something that happened last year. Forecast was for rain. However during the day, after the children had arrived, it started sleeting, making my driveway a sheet of ice. I did toss some salt out the door but it was not safe for me or the children to be outside. Roads became treacherous, etc. I notified the parents that my driveway conditions were not safe and that while I had the plow company coming to sand the driveway I did not know when he could safely get here to do it. In addition to those measures I do have parents sign a waiver acknowledging that while I do everything possible to keep the driveway and walkway passable, the safety and supervision of the children in my care is the top priority. And that use of the driveway and walkway *during* a storm is at their own risk. It says some other things that I was advised to put in there also. Again, I am making a *reasonable* effort. Now, if anyone had slipped and fell and broke something, my insurance would have paid out. But if they had sued me, would have they have been able to collect? Again, I'd rather have the waiver in that case, than not.
I know people are trying to be helpful but saying waivers are meaningless simply isn't true. They are not bullet proof, and require work, but they can be helpful. In any case I would rather go into court with one than without.