Waivers

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

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. 

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Why a Waiver May Fail – Public Policy

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.

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Failure to Name Party Costly

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,

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Make Your Waiver Broad

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,

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The Importance of Well-Written Waivers

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.

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