Sport Waiver Risk Fitness Law

By  Alexander “Sandie” Pendleton
Waivers have failed, at least in part, due to the failure of the signer to have an opportunity to bargain over the terms of the contract. (Atkins v. Swimwest Family Fitness, 2005) Several tactics have been suggested to prevent a waiver from being adhesionary or unconscionable due to the lack of opportunity to bargain.
On the issue of bargaining, importantly, the Atkins decision talks in terms of “the form itself must offer the opportunity for bargaining” (para.25). Unfortunately, the Wisconsin courts have yet to explain exactly what that …

By Herb Appenzellar
Herb Appenzeller is the pioneer in the field of  Injury, Liability, and Litigation in Sports.  He is a true authority in the area of risk management in sport and publishes the newsletter,  From the Gym to the Jury,
There has been much discussion regarding the “pay for play” policy by both sides — proponents and critics of the controversial issue.  With all the attention given to the controversy, little, if anything has been said about the possibility that payment beyond that typical full athletic scholarship will make the …

By
Doyice Cotten and Mary Cotten

In Roer v. 150 West End Avenue Owners Corp. (2010 N.Y. Misc. LEXIS 6353), Jason Roer brought action seeking damages for personal injuries sustained in the basement gym of the apartment building where he and his wife reside. While exercising on a treadmill in the gym, he was caused to fall and suffer injury when a loose exercise ball was pulled beneath the belt of his treadmill. He had signed a waiver intended to relieve management of liability for negligence contained in his gym membership contract. …

Part II
By
John Sadler, Sadler & Company, Inc.
This is Part II of a 2 part series about liability waivers. An authority in the field of sport insurance, John shares some things he has learned about waivers while in the insurance business.
Assumption Of Risk (AOR) As A Defense To Negligence
The second protective purpose of a waiver/release is to trigger the Assumption Of Risk Defense under tort law – in other words – to provide evidence that the sports organization gave adequate warnings of the risks so that an argument can be …

By
John Sadler, Sadler & Company, Inc.
Part II
This is Part II of a 2 part series about the importance of indemnification in facility lease agreements. An authority in the field of sport insurance, John explains another form of indemnification and suggested insurance requirement.

Broad Form Indemnification/Hold Harmless Provision
The third option (Broad Form) is not equitable to the sports/recreation organization and may be contrary to state law in some states as it can be considered to be against public policy and “unconscionable”. This option requires the sports/recreation organization to accept responsibility for …