Will Waivers Work in NY? More New York Cases Involving G.O.L. 5-326

By Doyice Cotten

In last week’s post, A Look at the Instructional Element of New York’s G.O.L. 5-326 Statute Prohibiting Certain Waivers of Liability , we examined three cases involving New York’s G.O.L. 5-326. The statute reads:

Every covenant, agreement or understanding in or in connection with, or collateral to, any contract, membership application, ticket of admission or similar writing, entered into between the owner or operator of any pool, gymnasium, place of amusement or recreation,

CAUTION! You Can’t Hurry Conditioning

By Doyice Cotten

 Incident Summary


Facts and Relevant Procedural History:

Henry White, III was given a scholarship to play basketball at Grambling State University in the fall of 2009. Henry arrived on campus three days past the mandated reporting time for basketball players. Players who reported to campus late were required to attend an “unorganized”

More News Regarding Rhabdomyolysis.

Personal Trainers NEED to Know About Rhabdomyolysis

By Doyice Cotten

Check out the following link to athleticbusiness.com for a recent article telling more about the potentially deadly disease caused when participants train too hard too quickly.


See also two previous articles that appeared on this site:



Help spread the word to other trainers. Email this post to them.

Killer Disease Caused by Exercise!

By Doyice Cotten

In January, 2012, this site published an article, Do You Know About Rhabdomyolysis? It is a Must! The article introduced the illness, Rhabdomyolysis, to readers and explained the effects of the illness. Risk management suggestions were also included.

In a recent article, AthleticBusiness.com presented a news item that appeared in the Columbus Dispatch. The article stated:

Rhabdomyolysis, an ailment long known in the medical community,

Understanding Negligence and Liability — (Part 1)

By Doyice Cotten

Health clubs, personal trainers, rafting companies, parasail companies, trampoline parks, bowling alleys, skating rinks, city recreation departments, horseback riding stables, martial arts instructors, snowmobile providers, and ski resorts:  what do these entities have in common? They are all sport or recreation providers who should be concerned with liability. Each provides a service with which injuries are not uncommon. The question often asked is “If someone gets hurt, will I (or my company) by held liable and have to pay money?” The purpose of this brief article is to help the provider answer this question for him- or herself.

A Look at Florida Waiver Law!

This is a well-researched article pointing out some important aspects of Florida waiver law. Thanks to Nina Conte for allowing SportWaiver.com to publish this article. Nina received her law degree from Florida International and is an associate with Cole, Scott, and Kissane P.A. The article originally appeared on the firm website.  As you read the article, note that Florida is one of the few states that will enforce waivers for gross negligence. Also, note the care that must be taken in preparing a waiver in Florida.

A Change in Arkansas Waiver Law

By Doyice Cotten and Mary Cotten

In Waivers & Releases of Liability 7th ed. (Cotten, D. and Cotten, M, 2010), Arkansas was classified as a Strict state when it comes to enforcing waivers.  A recent U.S. District Court ruling upholding the waiver in Kotcherquina v. Fitness Premier Management (2012) has caused a change in the Arkansas Strict classification. In the book, the Arkansas law is summed up by the following:

The Supreme Court stated that waivers are not invalid per se,

Do You Know About Rhabdomyolysis? It is a Must!

By Doyice Cotten

What is Rhabdomyolysis and why should I know about it? Rhabdomyolysis (sometimes referred to as Exertional Rhabdomyolysis) is a condition in which damaged skeletal muscle tissue breaks down rapidly and enters the bloodstream, bringing on a potentially debilitating or life threatening illness. Byproducts of damaged muscle cells are released into the bloodstream and can lead to kidney damage or even kidney failure.  Why should you know about it? Anyone connected with conditioning – whether as a coach,

Liability Waivers 101

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.

Things That Get Exercise Professionals into Trouble!

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. Take time now to subscribe to her free quarterly newsletter at www.fitnesslawacademy.com.




Exercise Professionals: Distinguishing “Legal” and “Professional” Scope of Practice

By JoAnn M.