The principal said I need not sign the form with the waiver, accepted payment and enrolled my child. But at the end of term, the principal told me my child would not be allowed to continue unless I signed the form.

Thus my dilemma, which faces many parents of young ones. Blame-free clauses like the waiver I refused to agree to seek to shift the monetary risk of business transactions to others by freeing the defendant of liability. Should such clauses be allowed? Is there a law to prohibit the use of such exculpatory clauses, especially in commercial enterprises involving minors?

Blame-free clauses are, by and large, against public policy because they relieve one party of the obligation to exercise due diligence in providing service. These clauses shift the risk of injury to the party who is probably least equipped to take precautions to avoid injury and bear the risk of loss.

In my case, when my child is at the dance studio, I have no control over what goes on. Only Moving Arts Studio can exercise due care during the lesson. The larger concern is whether children are protected from businesses which insulate themselves from liability through waivers.

An adult is equipped to avoid potential injury but not a minor. There should be a law to make it illegal for institutions or businesses to include blame-free clauses involving their responsibility for the safety of minors under their care.

Lau Bee Yoke (Mdm)