Free Webinars from Fitness Law Academy
An Announcement of Free Webinars on
Mitigating Legal Liability Risks
and
Exercise Prescriptions for Clinical Populations
Two FREE Webinars:
Feb. 10th and Feb. 17th
JoAnn Eickhoff-Shemek,
Will a Waiver Protect when the Injured Party is a Minor?
by Doyice Cotten
It is accepted that a well-written waiver, signed by an adult, is enforceable and will protect a provider from liability for injuries resulting from the negligence of the provider in most states. The same is not true,
A look at Utah Waiver Law
By Doyice Cotten
In a case involving a waiver used by USA Cycling, Inc., the US District Court summarized aspects of the Utah waiver law. The case resulted from an injury sustained by the plaintiff while making a preliminary run using a map provided for riders in the event.
Connecticut Court Remains Tough on Waiver and Indemnification Agreement in Climbing Wall Case of Injured Minor
By Doyice Cotten
Facts
Kate Licata took six young girls to Rock Climb Fairfield, LLC for a birthday rock climbing event. Licata signed a waiver (and agreement to indemnify Rock Climb for any loss) on behalf of each girl,
Horseback Riding Waiver Enforced in Nevada
By Doyice Cotten
Tami Truax was struggling financially in Henderson, Nevada and was going to lose the property; to avoid the loss, she sold the property to her parents (the Riddles) who leased the property to her sister,
Colorado Waiver Law Explained in Zipline Case
By Doyice Cotten
Vail Resorts Holdings, Inc. and others contracted with Bonsai Design LLC to build a zipline course on the back side of Vail Mountain. Bonsai is a company that plans zipline layouts, builds them, and advises zipline providers on their operation.
Was a fee paid in NYS Waiver Case?
Murat Marc, a participant in a flag football league, injured his ankle when he stepped on a sprinkler head. Alleging negligence, he sued the school district which owned the field. Prior to the game, he had signed a waiver and release of liability.
New Hampshire Court Enforces Unsigned Ski Waiver
by Doyice Cotten
The enforceability of waivers on the back of tickets has been addressed on Sportwaiver.com on several occasions. We know that, in general, waivers that are signed are safer and more likely to be enforced; however,
Death of University of the Cumberlands Wrestler results in Lawsuit Against University & staff
By Doyice Cotten
Athleticbusiness.com and Inside Higher Ed report that a lawsuit has been filed in the death of a college wrestler, Grant Brace, during a conditioning activity about a year ago. Just when we think coaches have the training to keep athletes safe while getting them into shape,
In Memory of Mary Cotten
Many of you had the opportunity to meet and know Mary; others have been fortunate enough to talk with her on the phone; and others have just seen evidence of her on the website and in our book. It has been a year since she passed away on September 7,