Even experienced professionals in recreation, fitness, and sport often misunderstand or confuse some of the terms used. Below are some terms and their definitions that will help you better understand some of the documents that help to protect from liability.
By John Wolohan
From Athletic Business: An injured skier sees his negligence lawsuit slam right into a back-of-ticket waiver.
When trying to determine whether a waiver is valid, one of the first things the courts do is attempt to determine whether the service provider informed the injured individual about the waiver. Next, the court examines whether the individual (assuming his or her injury was caused by the negligence of the service provider) knowingly and willingly relinquished his or her right to sue the provider.
Protect your facility with unambiguous waivers, and make good decisions on the fitness floor to minimize risk.
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.