Background/Purpose A waiver is used to protect an organization from potential liability for injuries that may have resulted from ordinary negligence on the part of the activity provider (Cotten & Cotten, n.d.). University physical education activity programs (PEAPs) could benefit from utilizing waivers as a layer of legal protection. The present study's purpose was to explore PEAPs regarding utilization, application, review, and perceived protection of waivers.
Method An adapted, internet-based version of Miller et al.'s (2009) questionnaire was used. The study's population was the PEAP coordinators at NCAA Division I (Bowl Subdivision) universities. Coordinators (N = 135) were recruited via email for participation in the study, with 101 responding. However, only 64% (n = 87) fully completed the questionnaire.
Analysis/Results Results indicated that only 28.7% of coordinators utilize waivers. Furthermore, of those who do utilize waivers, 36% allow a single waiver to apply to all activities, 48% review their waivers fewer than once every three years, and 28% do not have legal counsel review their waivers even though they believe their waivers will protect them individually (87%) and collectively (82.6%).
Conclusions It seems PEAP coordinators have an inadequate understanding for waivers and their administration. Utilizing waivers is prudent because it can be effective in both deterring and winning litigation brought against an organization. However, the waiver must be administered so that it is effective. Allowing a waiver to apply to all activities, not reviewing waivers annually, and reviewing them without counsel undermines the protection for which they are created.