By Alexander “Sandie” Pendleton
Waivers have failed, at least in part, due to the failure of the signer to have an opportunity to bargain over the terms of the contract. (Atkins v. Swimwest Family Fitness, 2005) Several tactics have been suggested to prevent a waiver from being adhesionary or unconscionable due to the lack of opportunity to bargain.
On the issue of bargaining, importantly, the Atkins decision talks in terms of “the form itself must offer the opportunity for bargaining” (para.25).
Doyice Cotten and Mary Cotten
In Roer v. 150 West End Avenue Owners Corp. (2010 N.Y. Misc. LEXIS 6353), Jason Roer brought action seeking damages for personal injuries sustained in the basement gym of the apartment building where he and his wife reside. While exercising on a treadmill in the gym, he was caused to fall and suffer injury when a loose exercise ball was pulled beneath the belt of his treadmill. He had signed a waiver intended to relieve management of liability for negligence contained in his gym membership contract.
by Charles R. Gregg
Readers will find that this to be an informative legal liability article. “Reb” Gregg is one of the nation’s top adventure law attorneys. This article originally appeared on Reb’s website.
Q. How do I run a good program without being sued?
A. You can’t. People can and may sue you, with or without justification. And even the best program can make mistakes which might provoke the lawsuit.
This is the second in a 2-part series by Daniel Hale. The title says it all!
By Daniel Hale
5. Online Insurance Carriers Have No Duty To Advise The Policyholders of Coverage Adequacy
Most policyholders rely on their insurance agents to provide much needed expertise on technical insurance issues. In fact, most independent agents strive to develop a personal and long term relationship with each of their policyholders.
This 2-part series is authored by Daniel Hale, a real expert in the field of insurance. Hale is located in Michigan so some of the considerations relate specifically to Michigan law. It is important that the reader find out if the reader’s state law is different.
By Daniel Hale
In today’s online marketplace, the ability for consumers to purchase insurance over the Internet is greater than ever. With the continued development of electronic security and online bill payment,
By Doyice J. Cotten
An agreement to mediate and/or arbitrate any grievance against a provider can be included in the membership agreement or the liability waiver. The following language is one example of language that can be used in the agreement. Another version of this article was published earlier by Fitness Management magazine.
If there is any dispute over $500 between you and California Fitness, both parties agree to submit it to binding arbitration,
Readers will find that this is one of the best pieces to be found relating to industry standards and liability. Our thanks go to author “Reb” Gregg and to Steve Smith who originally published the article in Touchstones – News and Resources for Outdoor Programs for permission to run the article in SportWaiver.com. Touchstones is a publication of Experiental Consulting which focuses on risk management, staff training, and human resources for outdoor programs and is edited by Steve Smith.
Alexander “Sandie” Pendleton
Sports, Fitness & Recreational Team Leader
Kohner, Mann & Kailas, S.C.
Christopher McDougall’s bestselling book Born to Run, and the extensive discussion therein regarding the reported benefits of barefoot running, have helped to ignite a new exercise trend (craze?). Fitness center owners are being asked if members can exercise barefoot, or are just seeing members working out barefoot in areas of the facility where, until recently, no one wanted to do so.
This article by Doyice Cotten originally appeared in Fitness Management. Sport, fitness, and recreation professionals often describe a situation involving an injury and ask if they are liable. This article will help others to quickly determine if he or she might be liable in an injury situation.
Robert Craig, a 75-year-old client, was injured when the “dip station” on which he was exercising tipped over. When Craig and the station fell backward,
May 22, 2010 /24-7PressRelease/ —
In 2008, the Florida Supreme Court held that parents who sign liability waivers allowing their children to participate in risky adventure activities are endangering their children’s property and estate, and therefore not acting in their children’s best interest. As the court noted, child liability waivers protect businesses at the expense of children, which hardly seems a reasonable balancing of interests.
Accordingly, the Florida Supreme Court held that in the absence of a statute clearly permitting child liability waivers,