Triathlon Contract Specifying “No Refunds” Upheld in Florida Court

By Doyice Cotten

Mikaela Ellenwood and Jorge Casanova sued World Triathlon Corporation, Competitor Group Holdings, Incorporated, and Competitor Group, Inc. for failing to provide refunds for the Rock ‘n’ Roll Marathon Series races and Ironman events that were scheduled to take place in 2020 but were postponed or cancelled due to the global Covid-19 pandemic. They claim breach of contract, unjust enrichment, and violation of the  Florida Deceptive and Unfair Trade Practices Act. (Ellenwood v. World Triathlon Corporation,

Legal Technicality Causes New York Acrobatics Instructional Waiver to Fail to Protect

By Doyice Cotten

Shana Guins, a 32 years-old woman who stood 5′ 3″ in height and weighed 180 pounds, was injured  and rendered a quadriplegic during an acrobatics class. She was asked to bounce on a mini-trampoline and land with a forward roll. She had been given instruction and had previously performed the task successfully.

Defendant pointed out that she made statements to the medical staff after the accident that she was tired after a previous class and after a night of hard drinking.

What if a Minor Lies about His Age? Is the Waiver enforceable?

By Doyice Cotten

Service providers often ask “Is my waiver still enforceable if a minor lies about his age and signs the waiver?” The answer probably varies considerably depending upon where the incident happens. Remember, waiver law is state law and the law is not the same everywhere. A recent Georgia court provided some evidence regarding the answer to this question – at least for service providers in Georgia.

Adventure Air Sports Kennesaw, LLC (AASK) requires that all participants sign a waiver of liability and minor participants must have his or her parents sign the waiver.

Riding a Mechanical Bull after much “Socializing” Might Not be the Best Idea!

Doyice Cotten

Joseph Kuchta, while socializing with friends at Gilley’s Nightclub in Sparks, Nevada, observed the operation of a mechanical bull. He expressed interest in a gentle ride like the ones he had observed, termed a 2 out of a possible 10 in roughness. The employee demonstrated how easy a slow ride was and Kuchta agreed to do it. He was required to sign a liability waiver which stated the potential risks and possible injuries involved in riding the bull,

Things That Get Exercise Professionals into Trouble!

Things That Get Exercise Professionals into Trouble!

             Exercise professionals sometimes find themselves in legal trouble when they attempt to do things they are not qualified or licensed to do. Following the advice of Dr Eickhoff-Shemek can help exercise professionals stay in the gym and out of the courtroom. Take time now to subscribe to her free quarterly newsletter at www.fitnesslawacademy.com.

 

 

 

Exercise Professionals: Distinguishing “Legal” and “Professional” Scope of Practice

By JoAnn M.

Announcement

For the next few weeks, Sportwaiver.com’s weekly post may not appear each week. My wife, and partner in life, succumbed to lymphoma. She played a major role in the website and all my publications, whether they carried her name or not.

Because I know many of you knew Mary, I am posting just a part of her obituary including a photo that I took on a trip to Malaysia about three years ago. I am not sure when the next post will appear,

Help in Recognizing Ambiguity in Your Waiver

By Doyice Cotten

Ambiguity is one of the most prevalent claims when challenging the enforceability of liability waivers. This post involves a case in which a waiver is claimed to be ambiguous. We focus on the arguments by the plaintiff and the reasoning of the court in addressing the issue.

Jodi Sheldon suffered serious injury while participating in a high ropes course at the Golden Bell Ranch in Colorado. She sued claiming negligence naming Golden Bell,

Flag Football Waiver Effectiveness Depends on GOL 5-326 Ruling: Was a Fee Paid?

Marc injured his left foot in October, 2015, while playing in a League flag football game (Marc v Middle Country Ctr. Sch. Dist. 2017 NY Slip Op 51678(U)). He jumped to catch a pass, came down on a concealed sprinkler head, and suffered injury. He sued the school district since the league game was played on school district property. Prior to the game, he and the other team members had signed waivers intended to protect the school district from liability.  

Georgia Recreational Property Act Protects

By Doyice Cotten

Last week’s post, Waiver Protects Cheerleader Organization from Liability for Negligence in Georgia, examined the effect of a waiver on the liability of Georgia All Stars (GA). The court also said that GA was protected by the Georgia Recreational Property Act (OCGA § 51-3-20 et seq.). In this post, we will examine the latter source of liability protection for some recreation providers. To review, Kimberly Shields sued RDM, LLC d/b/a Georgia All Stars for negligence when Kimberly tripped and fell from mats on the floor at an exhibition of participants’ routines for parents to view in the practice area of the gym.

Waiver Protects Cheerleader Organization from Liability for Negligence in Georgia

By Doyice Cotten

Kimberly and James Shields sued RDM, LLC d/b/a Georgia All Stars (GA) for negligence when Kimberly tripped and fell from  mats on the floor at an exhibition of participants’ routines for parents to view in the practice area of the gym. Their daughter was a participant in Special Twist (a “special needs all star cheer and dance team.”)  Special Twist is not part of the Georgia All Stars facility or teams, but is instead an independent 501 (3) (c) organization that was invited to participate in the exhibition on the night in question.