Number 4 July 10, 1975

Number 4 July 10, 1975 John E. Harrington, Jr. Assistant Chiefof Fire Training Massachusetts Firefighting Academy P. O. Box 948 Framingham, Massachusetts 01701 Dear Mr. Harrington: Your letter of April 7, 1975 has posed the following question: Is the signature of an individual student sufficient to release the 74 P.D. 12 Massachusetts Firefighting Academy from liability resulting from accidental injury to the student or must his Department Head sign the release? A right which has not yet arisen may be released. Such releases have been held valid provided that the student is given sufficient opportunity to read the release prior to signing and the release is clearly worded to avoid any misunderstanding. A release obtained under these circumstances and in the absence of fraud, duress or misrepresentaton or violation of a statutory requirement is a bar to an action by the signer. Henry v. Mansfield Beauty Academy, 353 Mass. 507 (1968); Lee v. Allied Sports Associates, Inc., 349 Mass. 544(1965). It is my opinion that an individual student may release the Academy from liability for injury to himself and that the signature of the student is sufficient for that purpose. There is no apparent reason why the Department Head's signature would make a release effective on behalf of the student. Very truly yours, FRANCIS X. BELLOTTI Attorney General