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Search Results for: “health club”

Personal Trainer and Health Club in Illinois Survive a Claim of performing a Chiropractic Procedure

June 29, 2020

By Doyice Cotten

Gabriella Sosa-Gaines filed a negligence action against Capital Fitness and her personal trainer, Don Myles claiming injuries caused when the trainer pressed down in the area of her spine to relieve her discomfort during a training session (Sosa-Gaines v.

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Kentucky Health Club Allowed To Produce Waiver To Show That The Club Did Not Breach Its Standard Of Care

December 16, 2019

 By Doyice Cotten

Lori Hassler joined Results by Design, LLC in order to begin a training regimen in the hope of “toning up” for her daughter’s upcoming wedding. She listed her goals on intake paperwork as a tighter abdomen,

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Enforcement of Health Club Waivers of Liability Challenged by New Jersey Supreme Court Judge

March 12, 2019

By Doyice Cotten

Courts in most states will enforce well-written liability waivers signed willingly by adults. Nevertheless, many people argue strongly against this protection for service providers. This post presents good arguments by one judge opposed to health club immunity from liability granted by such waivers. Read More

Waiver Not Against Public Policy in Pennsylvania Health Club Slip & Fall Incident

June 13, 2018

By Doyice Cotten

Dolores Vinson, a member of LA Fitness, slipped and fell when she stepped on a wet mat. She sued the club for negligence in their maintenance (Vinson v. Fitness & Sports Clubs, LLC,

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Two Health Club Cases Clarify Delaware Waiver Law

May 21, 2018

By Doyice Cotten

Reminder: There is a new Fitness Law Academy Newsletter designed specifically for fitness professionals. It is written by Dr. JoAnn Eickhoff-Shemek, a fitness industry authority. And the best news of all —  

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Woman Held to Waiver Signed by Husband in California Health Club Case

April 18, 2017

By Doyice Cotten

Sheila Brown joined 24 Hour on February 27, 2001, signing the 24 Hour Fitness USA, Inc. membership agreement containing a liability waiver.  She terminated her membership several months later; then, after a few months her son renewed her membership through his corporate membership.

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“Negligence or Otherwise” Language Questioned in New Jersey Health Club Case

October 18, 2016

By Doyice Cotten

Jenna Sauro, a New Jersey resident, filed a class action lawsuit against L.A. Fitness International, LLC. (Sauro v. L.A. Fitness International, Inc., 2013 U.S. Dist. LEXIS 58144). She made many allegations including that the contract violated three New Jersey statutes.

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2016 Health Club Cases in New York — No Waivers

August 23, 2016

By Doyice Cotten

Injuries occurring in health clubs in the State of New York can be problematic for club owners since protection against liability for negligence is ineffective in many circumstances – one being in places of amusement or recreation.  

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Regular Inspections, and Complete Records!! A MUST for Health Clubs . . .

May 17, 2016

By Doyice Cotten

In Chavez v. 24 Hour Fitness USA, Inc. (2015), Stacey Chavez was injured when the back panel of a “FreeMotion” cable crossover machine (“cross trainer”) struck her in the head. She subsequently filed suit.

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Connecticut Court Relies on Reardon Ruling in Declaring Health Club Waiver Violates Public Policy

November 25, 2014

By Doyice Cotten

A woman was injured while working with a trainer employed by Planet Fitness. The trainer had lifted Butler onto a bosu balance ball and walked away. As she dismounted from the ball, she fell and suffered injury.

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DISCLAIMER: The information on this website is intended as accurate and authoritative educational material relative to liability waivers and risk management in sport, recreation, and fitness activities. It is made available with the understanding that the authors and contributors are not engaged in rendering legal advice. Readers requiring legal advice should consult an attorney who is competent in this area. The authors and contributors do not guarantee the accuracy of information presented herein, nor do they guarantee the effectiveness of waivers, releases, or other documents developed based upon information presented.
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