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.), which he had bought elsewhere, and did a workout with the trainer. He sued the gym alleging the workout was too vigorous and sued the drug manufacturer.
The first document he signed was a membership agreement with an exculpatory agreement within it:
“WAIVER AND RELEASE LIABILITY”:
The Club urges you and all members to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise class.