A man and his wife joined a gym, signing a total of 3 waivers of liability. He began working with a personal trainer and on the day he suffered a stroke, he took a food supplement (R.A.G.E.),
By Doyice Cotten
In a recent case (Geczi v. Lifetime Fitness, 2012 Ohio App. LEXIS 2580), Jodi Geczi was injured when her treadmill began jerking violently. The case revealed some serious risk management deficiencies that can be easily avoided by health club management.
Doyice Cotten summarizes four recent cases involving health clubs. The first three are appellate cases from Minnesota and the fourth is a New Jersey Supreme Court case. These cases re-emphasize the importance of unambiguous waivers. One might say that two of the three Minnesota cases involve gross negligence or willful and wanton actions,
by David L. Herbert,, Esq., Senior Partner, David L. Herbert & Associates, LLC., Canton, Ohio.
This article by David Herbert was originally published in The Exercise Standards and Malpractice Reporter in January,
By Doyice Cotten
Health clubs and other sport-, recreation-, and fitness-related businesses or organizations often provide child care programs for pre-school or older children in order to better accommodate the parent. They often require the parent to sign a liability waiver.
By Corinna Charlton, Charlton Equine Law
Editor’s Note: Thanks to Corinna for this contribution to SportWaiver.com. She is an equine attorney in San Francisco. This article originally ran in her blog, http://ribbonsandredtape.blogspot.com/ on June 7,
This article by Doyice Cotten originally appeared in Fitness Management, but is as timely today as ever. Health, fitness, and recreation providers should have a plan in place for dealing with heart attacks and other serious incidents. Failure to do so can leave the provider liable.
By Doyice Cotten
In 2017, David Martin entered a charitable clay shooting event. When he arrived at the event, he signed a waiver of liability (Martin v. Hudson Farm Club, Inc., 2021). The waiver stated:
I HAVE BEEN ADVISED THAT THE RECREATIONAL USE OF FIREARMS IS AN INHERENTLY DANGEROUS ACTIVIT WHICH CAN AND DOES RESULT IN SERIOUS BODILY INJURY AND/OR DEATH ESPECIALLY IF SAFETY RULES ARE NOT OBEYED.
