by Doyice Cotten
In a 2019 Texas case involving an accident on a fishing charter boat from New Pelican Charters (New Pelican Charters, LLC v. Unknown Claimants, 2019) The injuries occurred when the boat struck a shrimp boat.
Estiban Mejia suffered a fatal cardiac arrest while exercising at a 24 Hour Fitness gym. A California statute (H&S Code sec. 104113) requires that every “health studio” acquire an automatic external defibrillator (AED) and train personnel to use the AED.
By Doyice Cotten
Beatrice Oliveri, was given two free sessions to work out at OsteoStrong. She suffered from osteoporosis and her doctor advised her to be careful. She completed a wellness assessment and signed the following waiver of liability:
I am physically capable of participating in an exercise program or the OsteoStrong system.
By Doyice Cotten
Cynthia MacAdams, age 75, signed a YMCA waiver prior to using the sauna. The floor consisted of two separate platforms made of wood slats on top of a concrete base; they could be lifted and pushed apart for cleaning,
By Doyice Cotten
Waivers and releases sometimes fail because the party that drew up the waiver made the waiver overbroad. Whether overbroad because it attempts to protect too many parties or because it attempts to protect against essentially “any reason whatsoever.”
By Doyice Cotten
Scott Champion and some other motocross racers filed suit against Feld Entertainment, Inc. claiming injury because defendants, in order to dry the track, used caustic lime on the soil and failed to mix it properly (Champion v.
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.”
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,
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.
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.