Question: One of our school's booster clubs has a policy of requiring families of students, particularly the cheerleading squad, to sign a contract stating they accept the responsibility of the expenses and understand the financial contributions and fund-raising policies involved in membership to this squad. (Funds are used for camps/clinics, uniforms, equipment, transportation, etc.)  Since this squad is an associated group of the high school student body, what are the legalities of such contracts?

Response: It is possible for a booster club to enter into a binding contract as a general proposition. Some may be organized as nonprofit corporations, while others may be very informal and could be considered unincorporated associations. An unincorporated association can hold property and can sue and be sued (Code of Civil Procedure section 369.5), so in that sense it would be possible for a booster club to enter into contracts and enforce them. Of course, individual district policies may also address contracts by booster clubs and should be consulted first.

However, with respect to this particular type of contract, we do not think the booster club would be able to enforce it, since parents cannot be required to be responsible for expenses of cheerleading (with the possible exception of truly optional supplemental equipment) because it violates the Constitutional free school guarantee.  Even if the district does not enforce the policy for those who cannot afford it, the courts have said it is still not permissible, because the requirement of seeking a waiver stigmatizes those children and may inhibit their participation in a school activity.

3/11/05