The following was originally published on www.sadlersports.com/blog/.
John Sadler responds to a frequently-asked question. Although there is little case law regarding this subject, John provides some “real life” advice.
Actual Client Question:
We were wondering if you require hard signatures on the release of liability form,
This is the third of a 5-part series of ways to reduce the risk of a lawsuit. This part focuses on guidelines dealing with four miscellaneous topics grouped together as client and staff issues.
8. Read More
Reb Gregg is a leading attorney, lecturer and writer in legal liability issues for adventure, education and recreation based outdoor programs. He is a true expert in the area of risk management.
The Cohen v. Five Brooks Stable court (2008 Cal. App. LEXIs 222) gave some sound advice to writers of waivers. While acknowledging that California courts hold releases of liability to a high standard of clarity, the court emphasized that “An effective release is hard to draft only if the party for whom it is prepared desires to hide the ball,
Thank you for visiting the SportWaiver web site! Please take a look around and tell us what you think. If you have any questions, please feel free to contact us.
Thanks,
Keeping waivers crystal clear can protect you from lawsuits.
Some waivers are upheld when challenged in a court of law, while others are not. Why do some waivers pass and some fail? All waivers must meet the standard of being clear and unambiguous, and the most frequent reason for failure is that the waiver was ambiguous and poorly written. The following four cases illustrate two well-written waivers and two poorly written waivers.
You can do many things to reduce the risk of a lawsuit in your fitness center. Here are some important first steps.
Many fitness center operators are fearful of being sued. And those who aren’t, should be! Even if you use a waiver and have insurance, a lawsuit is bad news. You have a big headache that will drain your attention and your peace-of-mind. In addition, the process of defending a lawsuit usually lasts for several years. Even if you eventually win, you have had the worry and, often, an abundance of bad publicity. Financially, your insurance may not cover the claim, and your rates will probably go up. All in all, it is better to avoid a suit in the first place. You can do many things to reduce the risk of an injury and a subsequent lawsuit in your fitness center.
