Sport Waiver Risk Fitness Law

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 …

This article was written by Julie I. Fershtman, Attorney at Law (www.equinelaw.net). She offers expert comment on a timely question regarding liability waivers.
Dear Ms. Fershtman:
My friend gave me some form liability releases and boarding contracts. Will they hold up?
– K.B. (No state specified)
My office receives inquiries like this often. Since many people in the horse industry still buy, sell, board, train, lease, or breed horses with nothing in writing, it is always commendable when people at least recognize the importance of using written contracts. In difficult economic times, however, …

This article by Doyice Cotten was originally published in Fitness Management. It has been updated (in red) and presents the provider with some valuable information regarding waivers.
Jody Corso was injured while performing an aerobic exercise under the direction of an aerobics instructor.  She fell while using a yoga ball and when she quickly regained her feet, she injured herself.  She filed suit against the United States Surgical Corporation (owner of the fitness center provided for the use of its employees), claiming the corporation, its agents, servants, and employees were negligent …