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
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 …

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 Doyice Cotten and Mary Cotten
We have previously addressed the question “Do online electronic waivers work?” (see Online Waiver Agreements: Not Worth the Paper They’re (Not) Written On?, Online Waivers/Electronic Signatures in NY,  and Waivers: Do Electronic Signatures Work?). There have been at least three recent cases addressing the issue.
Two Florida cases addressed the issue. In Hinely v. Florida Motorcycle Training, Inc. (2011 Fla. App. LEXIS 6757), a woman registered for a motorcycle training school on the internet and signed an electronic internet waiver of liability. Hinely then suffered an …