Search Results for: “health club”

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

 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, muscle definition in arms, and more energy. She was aware that she suffered from diabetic kidney disease. The trainers put together a coordinated exercise program, nutrition plan, and dietary supplementation (vitamins) regimen. After about six weeks on the plan,

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

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.

Current New Jersey case law supports the enforcement of health club liability waivers. In fact, the Supreme Court of New Jersey recently determined to accept a stipulation for dismissal following a settlement of the matter by the parties.

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

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, 2018). The club claimed protection based on a liability waiver in the membership agreement. The trial court granted the LA Fitness motion for summary judgment.

Pennsylvania Law

The Pennsylvania Supreme Court has named three conditions that must be met for a waiver to be enforceable.

Two Health Club Cases Clarify Delaware Waiver Law

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 —  its FREE!.    Click here for your free subscription!   djc

In 2016, the Delaware Supreme Court addressed a case in which a Planet Fitness health club member was injured when a cable broke on a seated rowing machine (Ketler v.

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

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. Her husband signed the club waiver on her behalf.

Two years later, Sheila tripped over a dumbbell that had been left on the floor and suffered injury. She filed suit against 24 Hour and claimed the waiver was unenforceable because she had not signed the waiver.

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

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. One of the claims made by the plaintiff included the allegation that the waiver attempted to waive liability for intentional conduct, recklessness, and gross negligence.

This claim arose from language in the waiver:

 Member hereby releases and holds L.A.

2016 Health Club Cases in New York — No Waivers

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.  New York statute G.O.L. Sec. 5-326, passed in 1976, deems waivers void as against public policy under specific circumstances.  Specifically, the law provides:

[e]very covenant, agreement or understanding in or in connection with, or collateral to,

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

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. The machine was still in service despite a missing bracket and missing magnetic strips that were to secure the back panel.

24 Hour Fitness claimed it was not liable because she had signed a waiver of liability – a complete defense against negligence claims.

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

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.

She filed suit claiming negligence; Planet Fitness countered with a liability waiver signed by the plaintiff as a defense. Part of the waiver language stated that the signer released Planet Fitness “from any responsibility or liability for any injury or damage to myself,

Waivers Protect Georgia Health Club and Personal Trainer

 By Doyice Cotten

A man and his wife joined a gym, signing a total of 3 waivers of liability. He began working with a personal trainer and on the day he suffered a stroke, he took a food supplement (R.A.G.E.), which he had bought elsewhere, and did a workout with the trainer. He sued the gym alleging the workout was too vigorous and sued the drug manufacturer.

The first document he signed was a membership agreement with an exculpatory agreement within it:

“WAIVER AND RELEASE LIABILITY”:

The Club urges you and all members to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise class.