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 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 …

By Doyice and Mary Cotten
Certainly the term “risk management” is not a common, household term in Old Delhi. This article and photos discuss and illustrate some of the risks faced in the daily lives of Indians living in and visiting Old Delhi. Old Delhi is the oldest and most colorful section of the vibrant city of Delhi. These photos are meant to depict some of the hazards faced by locals and visitors to the city.
I snapped Photo 1 one afternoon while riding in a bicycle rickshaw. We have seatbelt laws …