Washington Supreme Court Determines Whether a Planet Fitness Waiver Was Conspicuous

By Doyice Cotten

Carol McCoy joined Planet Fitness (PF) and signed a liability waiver intended to relieve PF for liability for its own negligence. The waiver was included as part of a membership agreement that contained a banner containing the capitalized and bolded letters  “RELEASE OF LIABILITY” and “ASSUMPTION OF RISK.”

The second paragraph of the waiver provision reads:

I understand that I am not obligated to sign this agreement and should not do so if there are any unfilled blanks.

Unsigned Waiver on Lift Ticket Enforced in Colorado

By Doyice Cotten

The enforceability of waivers on the back of tickets is sometimes in question, depending upon the state involved. There are times when such waivers are enforced. One certainly can’t say they are never enforced, however, it is probably safe to say that such unsigned waivers are less likely to be enforced than are signed waivers.

Redden v. Clear Creek Skiing Corporation (2020), a Colorado case, involved a ski-lift injury in which a signed liability waiver and an unsigned waiver on a ski lift ticket were tested.

California “Boot-Camp” Fitness Patron’s Gross Negligence Claim Fails

By Doyice Cotten

Patricia Washington was injured in a “boot-camp” group fitness class taught by Alisson Rosales (Washington v. Rosales, 2020). The trial court granted summary judgment in favor of the defendant, Rosales based on the waiver of liability signed by Washington. She claimed the waiver was rendered invalid by the Health Studio Services Act (Civ. Code, § 1812.80 et. seq.). In addition, she said the court erred by shifting the burden to her to demonstrate a triable issue of fact on the issue of gross negligence.

Super New Text for Exercise Professionals and Managers

Here is new information on the terrific new text for fitness managers and exercise professionals. I have reviewed the book and found it to be broad and accurate — a rare thing in books these days. Now Dr Eickhoff-Shemek is announcing supplementary training available to aid fitness managers and exercise professionals. Take advantage of it! djc

For Immediate Release

April 20, 2021

Law for Fitness Managers and Exercise Professionals by JoAnn M.

State AED Statutes: Do You Know Your State’s Requirements?     Part 2

 JoAnn M. Eickhoff-Shemek, Ph.D., FACSM

President, Fitness Law Academy, LLC

Professor Emeritus, Exercise Science, University of South Florida

This following article was first published in the Fitness Law Academy’s newsletter in January 2021. It has been divided into two parts for our readers. It was written by Dr. JoAnn Eickhoff-Shemek, President of the Fitness Law Academy, LLC  and Editor of its quarterly newsletter.  Individuals can subscribe to this “free” newsletter by going to www.fitnesslawacademy.com.

State AED Statutes: Do You Know Your State’s Requirements? Part 1

JoAnn M. Eickhoff-Shemek, Ph.D., FACSM

President, Fitness Law Academy, LLC

Professor Emeritus, Exercise Science, University of South Florida

This following article was first published in the Fitness Law Academy’s newsletter in January 2021. It has been divided into two parts for our readers. It was written by Dr. JoAnn Eickhoff-Shemek, President of the Fitness Law Academy, LLC  and Editor of its quarterly newsletter.  Individuals can subscribe to this “free” newsletter by going to www.fitnesslawacademy.com.

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,