Contracts Lawyers for Maryland

A Release and Waiver Agreement signed solely by a minor is generally not enforceable. Minors, typically defined as under 18 in most jurisdictions, lack contractual capacity. This means they cannot be held to most agreements because the law recognizes that children often lack the maturity to understand the consequences of binding legal commitments. Any contract they sign is voidable at their option, which means the minor can disaffirm it while still underage or for a reasonable period after reaching adulthood. Why a Minor’s Signature Alone Is Not Enough In your situation, the child signed the waiver without a parent or guardian. That creates several legal problems. First, there is no valid contract formation because the minor has no legal capacity to bind themselves. Second, even if you treated the waiver as effective, the minor could disaffirm it at any time, leaving you without protection. Third, courts are particularly wary of liability waivers for children’s activities. Public policy favors protecting minors, so judges are reluctant to allow event organizers to shield themselves from responsibility based solely on a document signed by a child. The Role of Parental Consent If a waiver is going to have any chance of being upheld, it must be signed by a parent or legal guardian. Even then, the law is not uniform. Some states permit parental waivers for recreational or voluntary activities if the terms are clear and unambiguous, while other states reject them outright as a matter of public policy. For example, California courts have enforced parental waivers in youth sports programs, while courts in New Jersey and Illinois have refused to enforce them. A properly drafted waiver should name the child, clearly spell out the risks, and show that the parent understands and accepts those risks. Implications for Your Event Since the waiver in question was signed only by the minor, it provides no meaningful protection. If the child were injured, the parents could still bring claims for medical expenses, pain and suffering, or other damages. Your organization would have no defense based on the waiver. Even if a parent had signed, the enforceability would still depend on your state’s laws and whether the waiver language met local requirements. Best Practices Going Forward For future events, you should require that every participant under 18 has a waiver signed by a parent or legal guardian. Make sure the agreement identifies both the child and the signing adult, and ensure the waiver language is easy to read and unambiguous. In addition, review your liability insurance coverage with your carrier. Insurance is your strongest line of defense because even enforceable waivers can be challenged, and litigation costs can be significant. Finally, you may want to have your waiver reviewed by a lawyer familiar with the specific state laws governing youth sports and recreational programs, as enforceability can differ dramatically from one jurisdiction to another. On Contracts Counsel, you can connect with an experienced contract attorney who can review your waiver and advise you on the best way to protect your organization

Although the contract determines the parties rights, it can never break the law of the land. So if your city, state, and/or county, requires the landlord to provide notice to terminate, and most do, the law of the land will prevail. You can make him go to court and try to evict you. If he's breaking the law, he won't even try. If you don't mind leaving early, you could always offer to leave early if he pays you money.

Hello, I can assist you in negotiating to keep the equipment. I would first need to review the agreement and advise of the terms in which we can achieve that based on your contract. I would then call the leasing company and negotiate a settlement if I can. It would be up to the language in the agreement and the parties to decide whether or not to accept the offer. I have negotiated settlements in the past for my clients and have extensive experience with it. If you would like my assistance, you can contact me through the website. Otherwise, you can post your job on the website for other attorneys to bid and apply to the job. All the best Donya Gordon

Given the recent legal developments around non-competes, here's exactly where things stand for your situation: Where Things Stand: The FTC Ban Isn’t Active The Federal Trade Commission did try to ban most non-compete agreements across the country, but that rule was blocked by a federal court in Texas on August 20, 2024. The ruling included a nationwide injunction, which means the FTC can't enforce the rule at this time. They’ve already appealed, but for now, nothing has changed legally. So, we’re still in a state-by-state landscape when it comes to whether your non-compete is actually enforceable. So Can Your Employer Enforce It? That depends on where you live and the details of your agreement. Courts usually look at whether the restrictions are reasonable, and they focus on three main areas: 1. Timeframe: Most courts consider anything from six months to two years fair, depending on your role and industry. Anything longer tends to raise red flags. 2. Location: The restriction has to make sense based on where your employer actually does business. If it tries to block you from working anywhere in the country, but your employer only operates regionally, that could be a problem for them. 3. What You’re Being Blocked From Doing: The agreement has to be targeted. It should protect real business interests like client relationships, proprietary methods, or sensitive information. It can’t just exist to shut you out of the market. Why Your State Matters The enforceability of non-competes can vary a lot depending on where you are. A few states have almost completely banned them—California, North Dakota, and Oklahoma, for example. Others still allow them but have been tightening the rules, especially for lower-income employees. Many have added salary thresholds or narrowed which industries can use them at all. What Happens If You Break It? If your non-compete is enforceable and you go against it, your former employer might: • Ask the court to stop you from working at your new job immediately • Sue for money if they can prove you caused financial harm • Make you pay legal fees, depending on what your contract says Even if the clause wouldn't hold up in court, it can still create problems. Just the threat of legal action can be expensive and stressful. Plus, some potential employers may steer clear of hiring someone with a non-compete, even if it’s questionable. What You Should Do Next • Read your agreement closely. Pay attention to how long it lasts, where it applies, and what it actually prohibits. • Look up your state’s laws. That’s the key to figuring out whether the agreement holds water. • Talk to an employment attorney. A short consultation can give you clarity and protect you from missteps. • Think about your new role. If the new job is different enough or doesn’t involve the same clients or confidential information, that can help your case. So, yes, the national situation is in flux, but the practical reality is that non-compete law is still very much a state-by-state issue. Don't assume you’re stuck, but don't make any moves without legal advice either. Since every non-compete is different, it can really help to have a lawyer review yours and explain what it means. Attorneys here on Contracts Counsel would be happy to help.

The cost to review will depend on document size. Five pages or less $150. 5 to 10 pages $300. More than 10 pages $30 per page. All reviews come with a memorandum discussing compensation, terms of employment and unusual items, (Things like non compete provisions, non disclosure agreements, etc. )