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Sharon v. City of Newton6/10/2002
ass. 801, 804 (1982), but rather, specifically provides that they are liable "in the same manner and to the same extent as a private individual under like circumstances." G. L. c. 258, § 2. Outside of the procedural limitations and exceptions contained within the Act, cities and towns are afforded the same defenses as private parties in tort claims. See Dinskyáv. Framingham, supra. Because releases of liability for ordinary negligence involving private parties are valid as a general proposition in the Commonwealth, it is not contrary to the purposes of the Act to allow municipalities to use releases as a precondition for the participation in voluntary, nonessential activities they may sponsor.
e. Consideration. Merav last argues that the release she signed is void because it was not supported by proper consideration. The motion judge properly concluded that the benefit bargained for, in this case Merav's participation in the cheerleading program, was adequate consideration for the release. See Restatement (Second) of Torts §á496B (1965) (not essential that agreements to assume risk of negligence be for consideration. Consent by participation in activity may be sufficient).
C. Conclusion.
For the reasons set forth above, we conclude that Merav's father had the authority to bind his minor child to an exculpatory release that was a proper condition of her voluntary participation in extracurricular sports activities offered by the city. Summary judgment for the city that was entered on the basis of the validity of that release is therefore affirmed.
So ordered.
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