Sport Waiver Risk Fitness Law

This is the second of an 8-part series dealing with insurance myths. We all know that insurance is one of the major risk management tools for any sport, fitness, or recreation business. For many of us, however, insurance is just a big mystery which we entrust to others. After this series you will know many pitfalls and minefields to avoid. Thanks goes to Daniel P. Hale for contributing this series to Sportwaiver.com. The first three segments of the series will focus on property …

This is the first of an 8-part series dealing with insurance myths. We all know that insurance is one of the major risk management tools for any sport, fitness, or recreation business. For many of us, however, insurance is just a big mystery which we entrust to others. After this series you will know many pitfalls and minefields to avoid. Thanks goes to Daniel P. Hale for contributing this series to Sportwaiver.com. The first three segments of the series will focus on property insurance.

PROPERTY INSURANCE LOSSES
1. 100% …

This article by Alexander “Sandie” Pendleton addresses some of the concerns regarding the validity of online waivers. Mr Pendleton is with Kohner, Mann, and Kailis of Milwaukee.
Do courts enforce waiver agreements that are entered into electronically, for instance, via an online registration process? Or instead, will courts only find an agreement enforceable if the agreement is printed on a real piece of paper and signed in ink in the traditional manner?
The above questions raise a host of issues. . .     Click here to read the entire article.

This article by Alexander “Sandie” Pendleton sums up some key issues involved in the recent Woodman v. Kera (2010) case in which the Michigan Supreme Court held parental waivers to be unenforceable. A five-year-old was injured in an inflatable bounce area at a birthday party. Mr. Pendleton is with Kohner, Mann & Kailas, S.C. in Milwaukee.
The Michigan Supreme Court on June 18, 2010 issued its long-awaited decision in Woodman v. Kera, holding that under Michigan law waiver-of-liability forms signed by parents on behalf of minors are unenforceable.
Key to …

Julie I. Fershtman, Attorney at Law gives accurate answers to some important questions about waivers.
Dear Readers:
A few years ago, a major equine magazine interviewed me on the topic of releases of liability (sometimes called “waivers”) that are used in equine-related activities. I have long said that liability waivers and releases are, in my opinion, the most misunderstood documents in the equine industry. To explain this further, I am re-printing a portion of my interview in this article.
Question: Why do some people believe releases and waivers are not worth the
paper they’re …