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.
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.
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.
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.
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.
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.
Things That Get Exercise Professionals into Trouble!
Exercise professionals sometimes find themselves in legal trouble when they attempt to do things they are not qualified or licensed to do. Following the advice of Dr Eickhoff-Shemek can help exercise professionals stay in the gym and out of the courtroom.
For the next few weeks, Sportwaiver.com’s weekly post may not appear each week. My wife, and partner in life, succumbed to lymphoma. She played a major role in the website and all my publications, whether they carried her name or not.
By Doyice Cotten
Ambiguity is one of the most prevalent claims when challenging the enforceability of liability waivers. This post involves a case in which a waiver is claimed to be ambiguous. We focus on the arguments by the plaintiff and the reasoning of the court in addressing the issue.
Marc injured his left foot in October, 2015, while playing in a League flag football game (Marc v Middle Country Ctr. Sch. Dist. 2017 NY Slip Op 51678(U)). He jumped to catch a pass, came down on a concealed sprinkler head,