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, which is what the law is designed to prevent. . . . A release that forthrightly makes clear to a person untrained in the law that the releasor gives up any claim against the releasee for the latter’s own negligence .
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.
What is a waiver and how is it used? Do they work? Why do they fail? How do I write an effective waiver? Get the Answers! Liability waivers, contrary to misconceptions of providers in the past, can be effective in protecting providers from liability for injuries resulting from the negligence of the provider. Waivers are inexpensive to obtain, easy to administer and store, and can help protect providers from the consequences of their own mistakes.
Protect your facility with unambiguous waivers, and make good decisions on the fitness floor to minimize risk.
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.