We are all familiar with the typical playground hazards found on American playgrounds. Third world countries usually have more hazards, in part, because more funds are available in America for providing safer playgrounds and, in part, because those in charge of American playgrounds have more training in playground safety and risk management. On a recent visit to India, we visited a number of rural and urban playgrounds and saw a number of risks. One of the best, and most amusing,
This was written by Charles “Reb” Gregg in September, 2006. Mr. Gregg provides some invaluable information regarding indemnification agreements. Mr. Gregg is a practicing attorney in Houston, Texas specializing in adventure law and may be reached at 800 Bering Drive, Suite 100, Houston, Texas 77057.
The party granting the indemnity (the “indemnitor”) promises the person indemnified (the “indemnitee”) that it,
A growing number of U.S. fitness centers are allowing “key access” to their facilities when no professional is present to supervise. Such use creates a number of concerns for facility owners, the biggest of which is emergency response.
This article by David Herbert was originally published in The Exercise Standards and Malpractice Reporter in January, 2010. He examines a case in which the health club had an AED and personnel trained to use it, but failed to do so.
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.
Black’s Law Dictionary states that public policy is “… that general and well-settled public opinion relating to man’s plain, palpable duty to his fellowmen,
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, recreation, and fitness providers some guidance in writing a waiver or in evaluating a waiver currently in use.
Porter v. Dartmouth College
In Porter v. Dartmouth College (2009 U.S. Dist.
This article originally appeared in Fitness Management in January 2008. It has been modified slightly for the website.
Most sport, recreation, and fitness professionals should be able to identify the risks facing their business. The question is, what do you do about a risk once it is identified? Whether the risk involves a property exposure, liability for negligence, or business operations, management must determine the extent of the risk by examining the following: 1) its potential severity (possible impact on the corporation functioning and possible seriousness of a resulting injury),
Why learn about waivers?
With the constant threat of lawsuits looming in the sport, recreation, and fitness fields, providers often use contracts and other documents for financial protection. This comprehensive book will help you protect your business with the most effective waivers, releases, and other protective documents.
What is included?
- 183 pages
- Totally revised and updated
- Table of contents
- Public Policy is addressed and clarified
- New Steps for Writing Waivers –
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, Calif. She signed a membership agreement that consisted of several paragraphs. In paragraph seven, titled “Waiver of Liability,” Jones acknowledged that she was using the facility at her own risk, and waived the liability of the hotel.
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. 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.