Michigan Supreme Court Holds Releases Signed by Parents Are Unenforceable

This article by Alexander “Sandie” Pendleton sums up some key issues involved in the recent Woodman v. Kera (2010) case in which the Michigan Supreme Court held parental waivers to be unenforceable. A five-year-old was injured in an inflatable bounce area at a birthday party. Mr. Pendleton is with Kohner, Mann & Kailas, S.C. in Milwaukee.

The Michigan Supreme Court on June 18, 2010 issued its long-awaited decision in Woodman v.

Using a Form Contract? Watch Your State Laws

This article was written by Julie I. Fershtman, Attorney at Law (www.equinelaw.net). She offers expert comment on a timely question regarding liability waivers.

Dear Ms. Fershtman:

My friend gave me some form liability releases and boarding contracts. Will they hold up?

– K.B. (No state specified)

My office receives inquiries like this often. Since many people in the horse industry still buy, sell, board, train, lease, or breed horses with nothing in writing,

Indemnification Tips

This was written by Charles “Reb” Gregg in September, 2006. Mr. Gregg provides some invaluable information regarding indemnification agreements. Mr. Gregg is a practicing attorney in Houston, Texas specializing in adventure law and may be reached at 800 Bering Drive, Suite 100, Houston, Texas 77057.

An indemnification is an agreement between two parties that addresses the possibility of a claim against one of them by a third party.

The party granting the indemnity (the “indemnitor”) promises the person indemnified (the “indemnitee”) that it,

Failure to Name Party Costly

Waivers and releases of liability can fail to protect for many reasons. Releases in three 2009 cases failed to protect because the waiver did not name the protected parties either by name or by function. These three cases can give sport, recreation, and fitness providers some guidance in writing a waiver or in evaluating a waiver currently in use.

Porter v. Dartmouth College

In Porter v. Dartmouth College (2009 U.S. Dist.

You Have Identified a Risk — What Now?

This article originally appeared in Fitness Management in January 2008. It has been modified slightly for the website.

Most sport, recreation, and fitness professionals should be able to identify the risks facing their business. The question is, what do you do about a risk once it is identified? Whether the risk involves a property exposure, liability for negligence, or business operations, management must determine the extent of the risk by examining the following: 1) its potential severity (possible impact on the corporation functioning and possible seriousness of a resulting injury),

NOTICE: New Edition Now Available

Why learn about waivers?

With the constant threat of lawsuits looming in the sport, recreation, and fitness fields, providers often use contracts and other documents for financial protection. This comprehensive book will help you protect your business with the most effective waivers, releases, and other protective documents.

What is included?

  • 183 pages
  • Totally revised and updated
  • Table of contents
  • Public Policy is addressed and clarified
  • New Steps for Writing Waivers

18 Tips for Reducing the Risk of a Lawsuit (Part V – Basics of Risk Management)

This is the final part of a 5-part series of ways to reduce the risk of a lawsuit. This part focuses on guidelines dealing with the basic fundamentals of successful risk management.  Each subject encompasses an immense amount of subject matter.  See the sources cited for more information.

15.       Know and Adhere to Industry Standards[1]

Professionals are held to a standard of care that is deemed reasonable and any conduct that falls below that standard of care may leave the club liable for injuries or damages.

Do Your Certification Homework

Your certification requirements should go beyond taking an employee’s word for it. Research the certifying organization and make a paper trail to help avoid client injury and litigation.

Ask, “Are the actions of my personal trainers going to land me in a lawsuit?” Client Anne Capati thought the personal trainer she hired at Crunch Gym in New York, N.Y., was an expert. However, she suffered a brain hemorrhage and subsequently died as a result of his recommendations. Her husband, Doug Hanson, filed a lawsuit that has created a stir in the industry.