Sport Waiver Risk Fitness Law

This article was taken from Waivers & Releases of Liability 7th ed. and updated for SportWaiver.com. Click SportWaiver for a limited time special price on the book.
By Doyice Cotten
No waiver is perfectly written, but they do not have to be.  They just have to make the intent of the parties perfectly clear.  There is one flaw, however, that can result in waiver failure every time. That flaw is to fail to name the party seeking protection.
One would think that the party seeking protection would always be named, but, all too …

By Alexander “Sandie” Pendleton
of Kohner, Mann & Kailas, S.C.

Relating to this  published previously article,  Dan McKinney reports (Feb 23, 2012) the following update:
Just an addition to the current Personal Injury Lawsuit pending in the Illinois Appellate Court – Regarding the Gross Negligent Severe Injuries caused by Employees, Directors , Etc. of The Salvation Army – Adult Rehabilitation Center in Springfield , Illinois …

By Doyice Cotten
Lewis Operating Corporation and Homecoming II operate a residential property which offers a health club or exercise facility as an “amenity” for residents. John Costahaude, a resident, was using a treadmill when an employee or agent of the ownership group  rolled a ball into, or under, the treadmill, causing the treadmill to flip upward and throw Costahaude off the machine. (Lewis Operating Corporation v. The Superior Court of Riverside County, 2011 Cal. App. LEXIS 1410)
Costahaude had signed a waiver in the rental agreement, agreeing that he
“assumes all risk …

This article was taken from Waivers & Releases of Liability 7th ed. and updated for SportWaiver.com. Click SportWaiver for a limited time special price on the book.
By Doyice Cotten

Waivers are now enforceable and can protect the service provider from liability for ordinary negligence in almost every state. However, courts in most states generally hold that waivers intended to protect against gross negligence, reckless conduct, willful or wanton conduct, and intentional acts are against public policy.  Consequently, courts in almost all states refuse to enforce waivers attempting to protect a …

By Doyice Cotten
This article was taken from Waivers & Releases of Liability 7th ed. and updated for SportWaiver.com. Click SportWaiver for a limited time special price on the book.
Courts in most states have ruled that to be enforceable, a waiver must clearly and unambiguously express the intent of the client to relieve the provider from liability for its negligence. Ambiguity is defined as doubtfulness, or doubleness of meaning and is said to exist when reasonable persons can find different meanings in the language.
The number one cause of failure of waivers …