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),
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,
By David L. Herbert
This article by David Herbert was originally published in Fitness Management in June, 2008. It offers timely advice concerning the use of waivers in unsupervised facilities.
A growing number of U.S. fitness centers are allowing “key access” to their facilities when no professional is present to supervise. Such use creates a number of concerns for facility owners, the biggest of which is emergency response.
One of the most common reasons that a waiver fails when challenged in court is that it violates the public policy of the state. Often readers are puzzled by the term “public policy” and ask, “Just what is public policy?” This concept is quite broad and is not easily defined or explained.
Black’s Law Dictionary states that public policy is “… that general and well-settled public opinion relating to man’s plain, palpable duty to his fellowmen,
Waivers and releases of liability can fail to protect for many reasons. Releases in three 2009 cases failed to protect because the waiver did not name the protected parties either by name or by function. These three cases can give sport, recreation, and fitness providers some guidance in writing a waiver or in evaluating a waiver currently in use.
Porter v. Dartmouth College
In Porter v. Dartmouth College (2009 U.S. Dist.
This article appeared in Fitness Management in May, 2008.
In a 2007 California waiver case, Georja Jones became a member of the Pritikin Longevity Center and Spa, a fitness center located within the Loews Santa Monica Hotel, Calif. She signed a membership agreement that consisted of several paragraphs. In paragraph seven, titled “Waiver of Liability,” Jones acknowledged that she was using the facility at her own risk, and waived the liability of the hotel.
By Doyice J. Cotten
This article appeared in Fitness Management in September, 2008.
Ning Yan fell while running on a treadmill, and died from his injuries. A representative of his estate sued, alleging that the fitness center was negligent in placing the treadmill too close to a wall. The estate contended that the treadmill belt threw Yan off the rear of the treadmill into a wall that was only 2 ½ feet from the treadmill.
In a 2008 case (Stephenson v. Food Bank for New York City), Devone Stephenson alleged that the league was negligent in its supervision, operation, and control of the basketball game in which he was injured. Stephenson suffered a broken jaw when an opponent suddenly punched him in the face. Stephenson alleged that there was rough play, taunting, and “trash talk” throughout the game even though his team captain asked the referees to clean up the game.
This is the final part of a 5-part series of ways to reduce the risk of a lawsuit. This part focuses on guidelines dealing with the basic fundamentals of successful risk management. Each subject encompasses an immense amount of subject matter. See the sources cited for more information.
15. Know and Adhere to Industry Standards
Professionals are held to a standard of care that is deemed reasonable and any conduct that falls below that standard of care may leave the club liable for injuries or damages.
The following was originally published on www.sadlersports.com/blog/.
John Sadler responds to a frequently-asked question. Although there is little case law regarding this subject, John provides some “real life” advice.
Actual Client Question:
We were wondering if you require hard signatures on the release of liability form, player parent contract, code of ethics? We do registration on line to where everyone has their own password to login to their childs registration,