Waivers

Articles relating to waiver law and/or how to write an effective waiver.

Assumption of Risk – Waivers – Indemnification: What Do They Do?

This Table is excerpted from the 7th edition of Waivers & Releases of Liability by Doyice and Mary Cotten.

Have you ever wondered “What is the difference between assumption of risk and a waiver?” What about “‘What exactly is the function of a waiver?” or “What does indemnification language do?” Well, this table will explain the differences in the three concepts and will help you to see why a good “waiver” really should include all three.

Someone was Injured! Am I Liable?

This article by Doyice Cotten originally appeared in Fitness Management.  Sport, fitness, and recreation professionals often describe a situation involving an injury and ask if they are liable.  This article will help others to quickly determine if he or she might be liable in an injury situation.

Robert Craig, a 75-year-old client, was injured when the “dip station” on which he was exercising tipped over.  When Craig and the station fell backward,

Waiver Cases: Health Clubs 4 Plaintiffs 0

Doyice Cotten summarizes four recent cases involving health clubs. The first three are appellate cases from Minnesota and the fourth is a New Jersey Supreme Court case. These cases re-emphasize the importance of unambiguous waivers. One might say that two of the three Minnesota cases involve gross negligence or willful and wanton actions, but the court did not agree. Actions resulting in injury are not often deemed grossly negligent, reckless, or willful and wanton by the courts. This high threshold further increases the value of well-written liability waivers.

Fla. Statute: Parents Can Waive Inherent Risks

May 22, 2010 /24-7PressRelease/ —

In 2008, the Florida Supreme Court held that parents who sign liability waivers allowing their children to participate in risky adventure activities are endangering their children’s property and estate, and therefore not acting in their children’s best interest.  As the court noted, child liability waivers protect businesses at the expense of children, which hardly seems a reasonable balancing of interests.

Accordingly, the Florida Supreme Court held that in the absence of a statute clearly permitting child liability waivers,

Online Waiver Agreements: Not Worth the Paper They’re (Not) Written On?

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.

Michigan Supreme Court Holds Releases Signed by Parents Are Unenforceable

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.

Liability Waivers and Releases: Still the Most Misunderstood Documents in the Horse Industry

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.

Using a Form Contract? Watch Your State Laws

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,

Hang onto those Waivers!

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),

Indemnification Tips

This was written by Charles “Reb” Gregg in September, 2006. Mr. Gregg provides some invaluable information regarding indemnification agreements. Mr. Gregg is a practicing attorney in Houston, Texas specializing in adventure law and may be reached at 800 Bering Drive, Suite 100, Houston, Texas 77057.

An indemnification is an agreement between two parties that addresses the possibility of a claim against one of them by a third party.

The party granting the indemnity (the “indemnitor”) promises the person indemnified (the “indemnitee”) that it,