When you’re planning an off-campus school excursion, you’re probably thinking about buses, permission slips, and risk assessments—not legal liability. But buried in the fine print of the waiver the excursion provider asks your school to sign could be a clause that puts your entire school’s financial future at risk.
Over the years, I’ve worked with more than 50 Queensland schools, reviewing excursion agreements and seeing first-hand how a single bad waiver can leave schools exposed to enormous financial loss. At worst, it can even threaten a school’s viability. Here’s what you need to know.
What’s the Big Deal About a Waiver?
At first glance, a waiver might look like just another piece of paperwork. But when you sign one, you’re entering a legal contract that can shift responsibility for injuries or damage—sometimes even when your school wasn’t at fault.
Good waivers are based on fairness. They make each party responsible for their own mistakes and ensure everyone has insurance to cover potential claims. For instance, if a student falls due to the operator’s poor maintenance of equipment, a good waiver ensures the operator bears the cost.
Bad waivers, on the other hand, can be riddled with clauses that hand over your school’s legal protection. These might:
- Waive the operator’s liability entirely—even if they caused the injury.
- Cap their liability at an unreasonably low figure, leaving your school to cover the rest.
- Require your school to indemnify the operator, meaning you could end up paying for their negligence.
I've seen real cases where schools were left footing the bill simply because they signed a waiver without realising its implications.
Your Insurance Policy Might Not Save You
Most schools believe they’re protected by their insurance. Unfortunately, that’s only true if you haven’t unknowingly undermined that protection.
Most education insurance policies contain exclusions that kick in if the school has agreed to assume someone else’s liability, waived legal claims against a third party, or accepted liability caps. Sign a bad waiver, and you may find your policy void when you need it most.
The tragedy is that schools usually don’t find this out until after a claim arises—by then, it’s far too late.
Don’t Rely on the Waiver Being “Unenforceable”
Some might argue that even bad waivers may not stand up in court. That’s true—to an extent. Courts may decide certain obligations can’t be waived, particularly when it comes to duty of care. But relying on the hope that a judge will toss out a waiver is a risky strategy.
Even if the waiver doesn’t hold, defending the claim in court will cost time and money—and potentially drag a school’s name through the mud.
What Schools Should Do
- Read the waiver carefully—or better yet, have it reviewed by a legal professional who understands school operations and risk.
- Push back on unfair clauses. You’d be surprised how often providers will agree to revise their terms when asked.
- Always request a copy of the operator’s current insurance certificate. If they’re not insured, you’re absorbing all the risk.
- Educate your leadership team. Awareness is the first line of defence.
Final Thoughts
As someone who grew up in rural Queensland and now advises schools across the state, I understand that administrators are doing their best to provide enriching, safe experiences for students. But when it comes to legal agreements—especially those that can bankrupt a school—vigilance is non-negotiable.
Don’t let a poorly worded document undermine your school’s hard work and commitment to its community. With the right knowledge and advice, you can navigate these waters confidently and protect what matters most.
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