Sport Waiver Risk Fitness Law

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 …

Part I
By
John Sadler, Sadler & Company, Inc..
This is Part I 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. Note: Some of the state laws have changed since this was originally published on John’s website. Change in state waiver law is a constant.) Part II will appear next week.
As a sports insurance specialist and risk manager, I often wondered the answer to this question myself because of all the …

by Charles R. Gregg
Readers will find that this to be an informative legal liability article. “Reb” Gregg is one of the nation’s top adventure law attorneys. This article originally appeared on Reb’s website.
Q. How do I run a good program without being sued?                                                                             
A. You can’t. People can and may sue you, with or without justification. And even the best program can make mistakes which might provoke the lawsuit.
Q. So how do I reduce my exposure to possible liability?
A. The ultimate and best solution, of course, is a quality …

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 …

By
John Sadler, Sadler & Company, Inc.
Part I
This is Part I of a 2 part series about the importance of indemnification in facility lease agreements. An authority in the field of sport insurance, John discusses why indemnification is important to the facility operator and explains two forms of indemnification. In Part II he will explain another form of indemnification and suggested insurance requirement. Part II will appear next week.
Sports/recreation organizations (ex: teams, leagues, tournament hosts, camps, individual instructors, gymnastics studios, martial arts studios, hunt clubs, etc.) often lease outdoor or indoor …