By Doyice Cotten
The Sturms (Timothy, his wife Sandra, and their daughter Holly) decided to take a dogsled ride and prior to the ride, the two adults signed a liability waiver described as a Participation Agreement. During the ride,
By Doyice Cotten
In 2017, David Martin entered a charitable clay shooting event. When he arrived at the event, he signed a waiver of liability (Martin v. Hudson Farm Club, Inc., 2021). The waiver stated:
I HAVE BEEN ADVISED THAT THE RECREATIONAL USE OF FIREARMS IS AN INHERENTLY DANGEROUS ACTIVIT WHICH CAN AND DOES RESULT IN SERIOUS BODILY INJURY AND/OR DEATH ESPECIALLY IF SAFETY RULES ARE NOT OBEYED.
By Doyice Cotten
It is not surprising that sport and recreation managers are confused by the difference between ordinary negligence and gross negligence because sometimes attorneys and judges also face this problem. It is exasperated by the fact that the definitions vary from state to state.
New Educational Courses Offered by the Fitness Law Academy, LLC in 2022
1. CEC/CEU Course: Minimizing Legal Liability and Maximizing Fitness Safety Earn 22 ACSM CECs and/or 2.0 NSCA CEUs
Did your academic and/or certification preparation program adequately cover fitness law and legal risk management?
An Announcement of Free Webinars on
Mitigating Legal Liability Risks
and
Exercise Prescriptions for Clinical Populations
Two FREE Webinars:
Feb. 10th and Feb. 17th
JoAnn Eickhoff-Shemek,
By Doyice Cotten
Facts
Kate Licata took six young girls to Rock Climb Fairfield, LLC for a birthday rock climbing event. Licata signed a waiver (and agreement to indemnify Rock Climb for any loss) on behalf of each girl,
By Doyice Cotten
Vail Resorts Holdings, Inc. and others contracted with Bonsai Design LLC to build a zipline course on the back side of Vail Mountain. Bonsai is a company that plans zipline layouts, builds them, and advises zipline providers on their operation.
Many of you had the opportunity to meet and know Mary; others have been fortunate enough to talk with her on the phone; and others have just seen evidence of her on the website and in our book. It has been a year since she passed away on September 7,
By Doyice Cotten
Beatrice Oliveri, was given two free sessions to work out at OsteoStrong. She suffered from osteoporosis and her doctor advised her to be careful. She completed a wellness assessment and signed the following waiver of liability:
I am physically capable of participating in an exercise program or the OsteoStrong system.
By Doyice Cotten
Waivers and releases sometimes fail because the party that drew up the waiver made the waiver overbroad. Whether overbroad because it attempts to protect too many parties or because it attempts to protect against essentially “any reason whatsoever.”